Exam (elaborations)
PUB1601 EXAM PACK 2023
- Module
- Institution
PUB1601 EXAM PACK 2023
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PUB1601EXAM PACK
2023
QUESTIONS
AND
ANSWERS
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PUB 1601 EXAMINATION PACKAGE
MAY/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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institution that may impede on their functions. The judiciary is subject only to the 1996
Constitution and the law. Within this framework, each of the different courts has distinct
jurisdictions’ set out in the Constitution. The constitutional court , the Supreme court of appeal
have inherent jurisdiction to protect and regulate their own proceedings and to develop common
law
QUESTION 2
It is generally acceptable that there are two main groups of institutions that are involved in
public service provision. The first group consists of the national provincial and municipal
institution. The second group is known as parastatal institution .The parastatal is grouped
into different sub-groups on the basis of their distinctive methods of operation (nine
distinctive categories). In light of this, it is expected of you to discuss the following
parastatal institutions
Mention the nine distinct categories of institution
Give details on each category’s purpose [25]
When we refer to the types or groups of institutions, we mean that the institutions
differed according to the duties they perform. The parastatal institutions exist along
government departments. The following are the nine categories, advisory institutions,
regulatory institution or bodies, judicial institutions, tertiary education institutions,
research and development institutions, cultural and environmental management
institutions, commercial and industrial enterprises, institutions for social services and
constitutional support institutions.The institutions are going to be unpacked below,
THE ADVISORY INSTITUTIONS, the state needs specialized advisory institutions
because of the varied and specialized nature o fth public services it provides. It caters for
matters of policy and policy implementations, the following are examples , the Advisory
Council on Occupational Health and Safety and the National Archives Advisory Council.
THE REGULATORY INSTITUTIONS, the central function of the regulatory body is to
ensure that the regulations or agreements that have been put into place are complied with.
The regulatory function of the state may be regarded as one of its most important
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functions. Examples of this are, the South African Council for the Architectural
profession and the National Energy regulator of South Africa.
JUDICIARY INSTITUTIONS, the following are examples, Special Income Tax Court
and the Labour Court. The purpose of the labour court has the same status as that of the
high court. It adjudicates matters relating to labour disputes between employers and
employees. INSTITUTIONS FOR TERTIARY EDUCATION, this funds state schools, it
controls the department of education, the curriculum, teachers’ salaries and so forth are
catered for by this body. UNISA, and primary and secondary schools are examples of the
institutions that fall under this category.
RESEARCH AND DEVELOPMENT INSTITUTIONS..South Africa has numerous
research and development institutions that commission research for social, scientific and
technological development. Examples of these are Human Sciences Research Council
and all institutions of higher learning.
CULTURAL AND ENVIORONMENTAL MANAGEMENT INSTITUTIONS..South
Africa is a multi-ethnic country and has diverse cultures, the following are examples,
South African National Parks Board whose mandate is to protect , control and manage
national parks. The South African National Biodiversity Institute plays a role in the
country’s commitment to biodiversity management currently and into the future.
COMMERCIAL AND INDUSTRIAL ENTERPRISES..This is a wealth creating service
that involves the production, distribution and consumption of everything that people need
to provide in their basic needs. Examples are Economic development enterprises and the
Strategic Enterprise. They are characterized by a combination of public ownership and
accountability and business management in the public interest.
SOCIAL SERVICE INSTITUTION..These overlap in a certain sense with the three
categories of institutions of advisory, regulatory and judiciary. It is a result of the
community’s involvement with those members of the community who are temporarily or
permanently unable to look after themselves. Examples are Gauteng provisional Housing
advisory board, this provides housing to the people in Gauteng province. National
Council for Correctional Services is another example that guides the minister of
correctional services implementing the policy relating to correctional system and
management process.
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