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csl2601 Assignment 2

This document contains a student's assignment on constitutional law in South Africa. It discusses the three spheres of government - national, provincial, and local. It also examines the differences between a state and government. Finally, it analyzes the two houses of South Africa's Parliament - the National Assembly and the National Council of Provinces.

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Tiisetso Mofokeng
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162 views

csl2601 Assignment 2

This document contains a student's assignment on constitutional law in South Africa. It discusses the three spheres of government - national, provincial, and local. It also examines the differences between a state and government. Finally, it analyzes the two houses of South Africa's Parliament - the National Assembly and the National Council of Provinces.

Uploaded by

Tiisetso Mofokeng
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
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Name: Tiisetso Victor Mofokeng

Student number: 15085295


MyLife email: [email protected]
University of South Africa
Constitutional law ASSIGNMENT 2
Due date: 12 September 2023

Question 1
1.1. The structure of the of government in South Africa consists of three
spheres namely; national , provincial and local.
National government
- The national part of the sphere is responsible for matters of national
importance which has the highest authority level and is also
responsible for issues such as defence, foreign affairs and economic
policy. It is headed by the president. It consists of three branches;
executive, legislature and judiciary. The executive is responsible for
implementing laws and policy. On the other side legislature,
commonly known as Parliament is responsible for making laws. It
consists of two houses, the national Assembly and the national
council of provinces.
Provincial
The provincial sphere is responsible for matters that affect specific
provinces in South Africa. The provincial government has the power to
make laws on matters that fall within its jurisdiction, areas such as
education, transportation and health care. It is headed by the premier who
is the head of the provincial executive and a provincial legislature
Local
-The local sphere is responsible for matters that affect municipalities or
local areas in South Africa. It is headed by the mayor and is responsible for
providing basic services to the community such as sanitation, water and
waster management
Inter-governmental relations
- To ensure stability and cooperation between the different spheres,
South Africa established a mechanism for inter governmental
relations. These mechanisms control cooperation and coordination
between the national, provincial and local spheres of government.

1.2 Section 154: This section empowers the national and provincial
governments to support and strengthen the municipalities to fulfil their
constitutional obligations. It allows for intervention and support for
higher levels of government in case a municipality is unable to fulfil
their obligations. The provincial government can use this section to
provide assistance to Zwililo Local municipality.

Section 152: This section outlines the object of local government


which include promoting social and economic development. The
provincial government can use this provision to hold the Zwililo Local
municipality accountable for not fulfilling the obligations.

Section 139: This section allows for the intervention by the provincial
government in the affairs of a municipality when it fails to meet its
executive obligation. This provision can be used if the local
municipality continues to struggle with financial sustainability

Section 216: This section requires all spheres of government to


manage their finances effectively and transparently. The provincial
government can use this provision to ensure that the local
municipality manages its finances responsibly

Question 2
2.1. The main difference between the state and government is that
the state is a permanent and institutionalized entity that exercises
sovereignty over a territory while government is a temporary and
changeable entity that holds executive power and governs the state.
The state is a broader concept that encompasses the government as
one of its components. The government is responsible for managing
the affairs of the state and implementing the policies while the state
promotes framework and legitimacy for the government to operate

2.2. The two houses of South Africa’ Parliament;


The national Assembly
-it is the lower house and is composed of 400 members elected
through a proportional representation system that members are
selected every five years and the party that receives the majority of
the seats forms the government. The president is elected through the
national Assembly

National council of provinces


-it is the upper house and represent the provinces of South Africa. It
consists of 90 members with each province having 10 delegates. The
members are elected by the provincial legislature and serve a five
year term. It plays a role in reviewing legislation and representing
provincial interests.

Parliament has several functions including law making and others. It


debates and passes legislation, scrutinize government actions and
holds the executive accountable. Parliament also has the power to
amend the constitution and impeach the president. Parliament also
has structures such as the speaker, deputy speaker and House
chairperson who presides over preceding and maintain order

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