0% found this document useful (0 votes)
14 views3 pages

Legislative Powers and Public Engagement

ice answers

Uploaded by

zaialexanderchan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
14 views3 pages

Legislative Powers and Public Engagement

ice answers

Uploaded by

zaialexanderchan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

ICE TASK 2

CONSTITUTIONAL LAW
ST-10469673

_________________________________________________________________________________
1. Powers of the Legislature

(Referencing Economic Freedom Fighters v Speaker of the National Assembly and Others;
Democratic Alliance v Speaker of the National Assembly and Others [2016] ZACC 11). The
Constitutional Court maintained that Parliament holds an essential duty to supervise executive
actions and enforce constitutional responsibilities. The powers of the legislature include:

The Constitution grants Parliament the power to create laws and modify existing laws and
terminate laws (s 44 of the Constitution).

The legislative branch monitors executive activities through oversight mechanisms to verify
compliance with constitutional and statutory requirements.

The enforcement of accountability functions enables Parliament to implement appropriate


measures against the President and other executive members for their lawbreaking activities.

The approval and management of public funds occur through appropriation bills which
authorize revenue collection and public spending.

The parliament can establish investigative committees which conduct public interest inquiries
through its legislative authority.

Through representation the legislature stands as the electorate's representative when


expressing public demands. The Court established that neglect of these powers while acting in
bad faith destroys constitutional democratic systems and violates the separation of powers
principle.

2. Four Ways the Legislature Can Promote Public Participation

This decision supports the principles of participatory democracy as outlined in the Constitution
through sections 59, 72 and 118.

1. The legislative process includes public hearings about proposed bills and policies
before taking decisions.

2. Through the process of written submissions, the public receives the opportunity to
provide their views about legislative drafts and policy proposals.

3. Through petitions Parliament offers an official framework which enables both


individuals and groups to present legislative concerns to the institution.

4. The Community Outreach Programmes allow legislators to reach rural communities and
other areas for law explanations and feedback collection.
3. Impact of New Nation Movement NPC v President of the Republic of South Africa [2020]
ZACC 11

The party-list proportional representation system previously needed political party nomination
for National Assembly and provincial legislature candidates before this decision.

The Constitutional Court ruled this system unconstitutional because it denied citizens their
right to seek public office (s 19(3)(b) of the Constitution).

Through the court decision Parliament needed to revise electoral laws so independent
candidates could run alongside political parties in national and provincial elections.

Through this decision the electoral system underwent major changes to promote both political
engagement and improved official responsibility.

4. Functions of Parliament

1. Legislation – Passing new laws and amending/repealing existing laws.

2. Oversight – Monitoring and evaluating the work of the executive branch.

3. Budgetary Control – Authorising state expenditure and taxation.

4. Representation – Reflecting the will and interests of the public in decision-making.

5. Accountability – Holding public officials responsible for their conduct.

6. Debate Forum – Providing a platform for discussing national and public issues.

7. Conflict Resolution – Addressing disputes within the political and governance


framework.

8. Ratification of International Agreements – Approving treaties and agreements entered


into by the executive.

5. Characteristics of Traditional Leadership and Governance

1. Hereditary Succession – Leadership roles are often inherited within a royal or


chieftaincy lineage.

2. Customary Law Application – Governance is based on the customs and traditions of the
community.

3. Community Consultation – Decisions are made through consensus with elders and
community members.

4. Moral Authority – Leaders are respected as custodians of culture and heritage.

5. Dispute Resolution Role – Traditional leaders often mediate and resolve conflicts.

6. Ceremonial Functions – Involvement in cultural rituals, festivals, and religious


observances.
7. Integration with State Structures – Recognised under the Constitution (s 211–212) as
part of South Africa’s democratic governance framework.

Common questions

Powered by AI

The legislature enforces executive accountability through oversight mechanisms that monitor compliance with constitutional and statutory requirements. Parliament can implement measures against the president and other executive members for unlawful actions, approve and manage public funds through appropriation bills, and establish committees to conduct inquiries into matters of public interest .

Traditional leadership is integrated into the state structures and recognized as part of South Africa’s governance framework under constitutional sections 211 and 212. Traditional leaders often inherit roles, apply customary law, consult communities, and serve ceremonial functions. Their integration reflects a respect for cultural heritage and community-based dispute resolution within democratic governance .

Hereditary succession is significant as it ensures continuity and stability within traditional leadership structures, maintaining cultural heritage and social order. Under constitutional recognition, it formalizes traditional authority and supports community governance while respecting historical practices .

The legislative process promotes public participation through public hearings on bills and policies, allowing the public to submit written submissions, presenting petitions, and through Community Outreach Programmes that facilitate engagement with rural and diverse communities. These measures ensure that the public can express concerns and provide feedback on legislative matters .

The constitutional court ruling in New Nation Movement NPC v President of the Republic of South Africa [2020] ZACC 11 found the party-list proportional representation system unconstitutional, as it restricted citizens' rights to stand for public office solely through political party nominations. The court mandated that Parliament amend electoral laws to allow independent candidates to contest in national and provincial elections, aiming to enhance political engagement and accountability .

The ruling mandated changes to allow independent candidates to participate, increasing political representation beyond party affiliation. This reform intends to broaden political engagement, elevate individual accountability in elections, and diversify the political landscape, empowering citizens to pursue public office independently .

As a debate forum, the South African Parliament provides a structured platform where national and public issues are discussed. It fosters dialogue, promotes diverse perspectives, and facilitates the exchange of ideas necessary for democratic decision-making on public and legislative matters .

Appropriation bills are central to Parliament's oversight of public funds, as they authorize revenue collection and public spending, ensuring that government expenditures align with legislative directives and public interests. This serves as a tool for scrutinizing executive financial management and holding the government accountable .

Moral authority underpins traditional leadership by positioning leaders as custodians of culture and heritage, thus commanding respect. This respect allows them to effectively mediate and resolve community disputes, oversee cultural rituals and ceremonies, and sustain the community's traditions and customs .

The South African Parliament plays a role in conflict resolution by addressing disputes within the political and governance framework, providing a forum for discussion, negotiation, and potential mediation to resolve conflicts at a national level .

You might also like