electoral system In a new constitutional dispensation
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Course
CONSTITUTIONAL LAW
Institution
University Of The Western Cape (UWC)
This piece of writing will firstly examine the electoral system that South Africa is currently using, paying attention to the advantages that this system offers. Secondly, it will go on to state how the president is elected under this prevailing regime of the electoral system. Thirdly it will explo...
This piece of writing will firstly examine the electoral system that South Africa is currently using,
paying attention to the advantages that this system offers. Secondly, it will go on to state how the
president is elected under this prevailing regime of the electoral system. Thirdly it will explore the
impact of allowing the National Assembly to remove the President from office through a vote of
no confidence in terms of section 89 of the Constitution given that the President is currently
expected to retain the confidence of a majority of members of the NA to continue in office.
Furthermore, it will be stating whether the system of government and electoral system offers
political accountability in the current prevailing regime. Lastly, a system of government and
electoral system is proposed so that political accountability can be achieved as envisaged by the
South African constitution.
Electoral system
South Africa is deduced as a Bicameral parliament it is composed of two houses of parliament,
namely the National Assembly and the National Council of provinces1. These houses have been
ascribed with a duty to represent the public at a national and provincial level. South Africa
subscribes to the proportional representation electoral system.2 This system counts every vote, and
the total number of votes determines the number of seats it gets in parliament 3. It is further
submitted that the party list proportional representation is provided in terms of Section 46(1) (d)
of the constitution4. This system is composed of a list of candidates of the participating parties and
the voter casts his or her vote for the party list of his choice meaning that all the votes cast for the
party list are added up and seats are distributed proportionally to each party5. It is further submitted
that the reason behind the adoption of proportional representation system was triggered by a quest
for representativity in the new post-apartheid political system. This implies that this system was
1
De Vos South African Constitutional Law in Context 2ed (2015) 108.
2
Parliament of the republic of South Africa “How is the parliament is structured” http: www.
Parliament.gov.za [accessed: 16 August 2022]
3
IEC "Electoral Commission South Africa 2016" in Municipal Elections Handbook (2016) 13
4
section 46(1) (d) of 1996 constitution
5
Ge, Devenish , 1998 SAPL The electoral system and protection of minorities in order to further
social and political stability and integration in the South African experience vol 13(1), 112-133.
, advocated mainly because it possesses inclusiveness6. This means in simple terms this system was
foreseen as an initiative or instrument that would bring unity which has shaped our political system
post-apartheid. It was further submitted that an advocation of this electoral system allow minorities
to form coalitions against the majority parties and thus avoiding dominance by the majority. It can
be deduced that this electoral system provides for reflection of the voters opinions.
Election of the president.
The president in the Republic of South Africa is not directly elected by voters. The duty to elect a
president vest in the National Assembly together with its members at its first sitting after its
election or Another time if a position of the presidency is vacant7. The president is elected by the
members of the National Assembly. Submission by Section 81 of the constitution states that a
person who has been elected as a president must vacate his or her membership in the National
Assembly within five days8. Furthermore, a president is expected after being elected to give an
oath of office declaring his or her faithfulness to the Republic and obedience to the constitution.
The Chief justice in the constitutional court is assigned with a duty to carry out the procedure of
swearing of the president9. The president will be declared as head of the state and national
executive, not for a certain national party or constituency but the Republic of South Africa. The
head of the state and National Executive has a duty to uphold, defend and respect the constitution
and to promote the unity of the nation which will point the republic to the right direction in terms
of development vest in the president10. This point was further illustrated in the case of Economic
Freedom Fight v speaker of the National Assembly where the court pinpointed that a president
must respect, defend and uphold the constitution as the supreme law of the Republic11. The court
further indicated that the president is the head of the state and national executive. The president
6
Ge, Devenish , 1998 SAPL The electoral system and protection of minorities in order to further
social and political stability and integration in the South African experience vol 13(1), 112-133.
7
Section 86(1) of the 1996 constitution
8
Section 81 of 1996 constitution
9
Ibid
10
Section 83(b) of the 1996 Constitution.
11
Economic Freedom Fighters and Others v Speaker of the National Assembly and Another (CCT76/17) [2017]
ZACC 47; 2018 (3) BCLR 259 (CC); 2018 (2) SA 571 (CC) (29 December 2017)
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