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Summary PUB1601 - The Structuring and Functioning of Public Services
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The Structuring and Functioning of Public Services PUB1601
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PUB 1601 EXAMINATION PACKAGEMAY/JUNE 2016
QUESTION 1
The constitution of the Republic of South Africa of 1996 makes provision for three
categories or division of government authority. In light of this, it is expected of you to write
an essay of two categories namely the executive and judiciary. More specifically we want
you to concentrate on each of the following categories :
Composition
Powers [25]
The executive is found at all three levels of the government. The executive is an institution that is
separate from the legislature. At local government level, both executive and legislative are vested
in the municipal council. At the national level, the executive authority is vested on the president .
At provisional level, the executive authority is vested in the Premier. Both are elected from the
ranks of the legislature at the relevant level of government from its own ranks. The only
difference is that the president then ceases to be a member of the legislature. The membership of
the premier continues. The president constitutes the cabinet mainly from members of the
legislature. They retain their membership of the legislature. The premier in turn constitutes the
provincial executive council from members of the provincial legislature. The executive powers
lies in the fact that the president is the one who has the final say in instances where for example
the constitution needs to be mandated, he should put his seal for the final approval. Any critical
issue that has to do with the state needs the co-operation and consensus of the executive in order
for it to be implemented.
The judiciary authority is vested in the courts. There are five types of courts. The highest court is
the Constitutional court. In descending order of jurisdiction, the other courts are as follows, the
supreme court of appeal, the supreme courts, the magistrate courts and any other court of
comparable status to the Supreme courts or magistrates’ courts which has been instituted by an
Act of Parliament. As far as the powers of the judiciary are concerned, the 1996 constitution is
again very clear. In the first case, the courts are very independent of any person or State
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