Summary
PBL 210 Theme 1 Summary
- Course
- Constitutional Law (PBL210)
- Institution
- University Of Pretoria (UP)
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THEME 1 - THE NATIONAL LEGISLATIVE AUTHORITY:PARLIAMENT
Monday, 07 June 2021 10:20
NATIONAL LEGISLATIVE AUTHORITY IN GENERAL
- Legislative authority: the power granted to certain organs of state to enact, amend and repeal rules of law;
to debate and discuss issues of public importance and to oversee executive functioning
- Levels of government found in sec 40(1): national, provincial and local levels
- Section 43: Legislative authority of the Republic:
○ (a) national legislative authority is vested in Parliament (as set out in s44)
○ (b) provincial legislative authority is vested in the provincial legislatures (as set out in s104)
○ (c) local legislative authority is vested in the municipal councils (as set out in s156)
PARLIAMENT
- 'Parliamentum' - to speak
- SA Parliament is greatly influenced by English law + Westminster system of gov.
○ Moved from parliamentary sovereignty to constitutional supremacy
- Representation is an essential element of a democratic system
○ Government of the people, by the people and for the people
- Principle of representation: right to vote, regular elections, electoral system + right to form a political party
- Section 1: principle of representative and responsible government are confirmed as underlying values of
RSA and given effect in multiple provisions of the C
- RSA P consists of 2 houses: National Assembly (NA) and the National Council of Provinces (NCoP)
i. FUNCTIONS OF PARLIAMENT
- Representation: P represents the people; channel of communication btw central government + citizen
- Control: P exercises control over the executive (sec 92(2))
- Conflict regulations: P must regulate and address conflict btw different interest groups
- Judicial and administrative: discipline and punishment of members of P by P; P often required to ratify
executive decisions
- Legislative: consider, debate, amend and approve new/old laws
a. National Assembly (NA) functions sec 42(3):
- Elect president
- Provide forum for public consideration of issues
- Pass legislation
- Oversee + control executive
□ EFF & DA v Speaker of NA, President & Public Protector
b. National Council of Provinces (NCoP) functions sec 42(4):
- Represent the provinces in P
- Ensure provincial interests are taken into account in national sphere of gov.
□ Participate in national legislative process
□ Provide forum for public consideration of issues affecting the provinces
ii. COMPOSITION OF PARLIAMENT
- SA Parliament consists of 2 houses: NA + NCoP
- Bicameral P
, - NA: 400 members ito Electoral Act and sec 46 of C
- 400 max; each representative represents +- 137 500 voters (55 million citizens)
- NCoP: designated by each provincial legislature on proportional basis (ss 60 +61 read with Schedule 3
part B)
- i.e. NCOP = 90 members (9 provinces x 10 delegates)
- NCoP is composed of a single delegation/province consisting of 10 delegates
- 10 delegates comprised of 4 special (Provincial Executive Committee made up of Premier + 3
special delegates) and 6 permanent (designated for term of provincial legislature [sec 61(1)])
delegates
- Premier of province: Head of the delegation
PARLIAMENTARY FRANCHISE & ELECTIONS
- Originated: principle of representation
- Right to franchise: rights of citizen of state to make a direct choice in electing the people that are to functio
in parliament
- Elections are a well established democratic principle - citizens must elect people to represent them in
government of state
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