ASSIGNMENT 02

Student number: 20682964

Name: Llewellyn van Molendorff
Module code: PUB 2601
Module title: Foundations of public administration
Semester: 2
Due date: 17 September 2024
Unique number: 212333
ACADEMIC HONESTY DECLARATION

Declaration
1. I understand what academic dishonesty entails and I’m aware of
UNISA’s policies in this regard.
2. I declare that this assignment is my own, original work. Where I have
used other people’s work I have indicated this by using the prescribed
style of referencing. Every contribution to, and quotation in, this
assignment from the work or works of other people has been referenced
according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submitted it as my
own.
5. I am aware that marks can be deducted for poor/no referencing in this
assignment.

NAME: Llewellyn van Molendorff

ID NUMBER / PASSPORT NUMBER: 9212075017089
MODULE CODE: PUB 2601
STUDENT NUMBER: 20682964
DATE: 17 September 2024
Contents:

PAGE
1. Introduction……………………..………………………………………………………..2
2. Official policymakers and secondary policymakers as non-official
policymakers………………………………………………………………………...……...2
3. Legislative authority…………………………………..………………………………..3
4. Executive authority…………………………………………………………….……..4-5
5. Judicial authority……………………………………………………………..……….5-6
6. Unofficial policy actors…………………………………………………………..…….6
7. The public, interest and pressure groups……………………………………..…6-7
8. The business sector……………………………………………………………….……7
9. Sport, cultural and religious institutions……………………………..……………..7
10. Commissions of inquiry………………………………………………………..……..8
11. Coordinating institutions, international institutions and other countries..…8
12. Conclusion……………………………………………………………………………8-9
13. List of references…………………………………………………..…………….…..10

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Introduction

The policy actor is the catalyst in the policy process and is involved in the articulation
of environmental factors and the transformation of these inputs into policy outputs. In
order to understand the nature and contents of the eventual policy, policy actors
themselves, and the ways in which they participate, must be analyzed with relation to
the group. There are mainly two parties involved in policy making; official policy
makers and non-official policy makers. Both are involved in the policy making
process, however they are distinctly different. Official policy makers are legally
authorized to make policy and non -official policy makers influence policy decisions,
but cannot legally enforce them.

Official policymakers and secondary policymakers as non-official

policymakers

There exists a distinct difference between primary and secondary policy makers. The
Constitution empowers primary policymakers to determine policy. Secondary
policymakers as non-official policymakers follow the main set of laws guiding the
state which is the Constitution. Government organizations, their authority and the
relative relationship between the government and citizens is where this is transparent
(Rautenbach & Malherbe, 1994:17). The state's Constitution serves as its primary
policy statement and is the most difficult to get an agreement on (Cloete, 1994:92).
The Constitution enables organizations and officials that are in charge of formulating
policies, regulations and guidelines in accordance with which this should take place,
as well as the values and goals that should be achieved. Section 2 of the Constitution
states that it is the supreme law of the land and that any laws or acts that are in
conflict with it are unconstitutional and therefore illegal. This implies that the
government can evaluate all policy choices and acts by comparing them to the
standard set by the Constitution. The 1994 ruling abolished the parliamentary
sovereignty system that oversaw the state structure of South Africa. The courts are
officially authorized to examine whether any government actions violate the
Constitution, and the Constitution is entrenched, meaning that it can only be
overturned through certain established methods. The idea that the legislature is the
state's supreme authority and that it is not subject to any other authority.

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Legislative authority

At the top of the three tiers of the government hierarchy are legislative bodies.
Government (federal, provincial and local levels), who make the final decisions about
policies and sanctioners of official government policy. A government agency is only
able to provide services and products inside the parameters set by the legislation.
This structure or regulatory laws and the amount of money that is approved place a
restriction on for the budgeted service. Laws establish guidelines for the
implementation of government regulations for administrative organizations. This
involves the production of administrative agencies, as well as the development of
policies and procedures.

Section 43 of the Constitution states that the national legislature, province

legislatures and municipal councils are the three levels of government where the
legislative authority is located. The National Assembly and the National Council of
Provinces make up the parliament as defined by section 42. Laws that change the
Constitution, laws that impact provinces, bills that do not affect provinces, and money
bills can all be distinguished in terms of how they are managed and authorized. The
majority of the work done by the parliament consists of reviewing draft legislation and
discussing, rejecting and approving bills that are put up by individual members and
the executive branch (Rautenbach & Malherbe, 1994:85) . Literature usually points
out the initiative for policy-making changes. These changes in initiative can be
attributed to a number of factors, including the scope and complexity of the modern
state's obligations, the legislative authority's members' ignorance of all relevant
topics, and the body's sporadic sittings, which provide few opportunities for in-depth
legislative debate. The executive power is also granted more freedom over policy in
that legislation leaves more and more detail to the minister and bureaucrats, focusing
on broad or general norm declarations rather than specifics. A policy cannot be
legally valid without the consent of the legislature, which is a requirement stipulated
in the constitution (Rautenbach & Malherbe, 1994:87). The legislature's role in policy-
making also shapes the substance of policies.

There are methods for the legislature to get past its ignorance and lack of time in
ways which legislative might gain support such as specialized bodies, parliamentary
procedure and parliamentary committees. Other functions of parliament include the
representative function, control function, conflict-regulating function and judicial
function. These all contribute to the legislative authority in different ways.

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Executive authority

The president, deputy president, and ministers elected by the president to serve in
the cabinet possess executive authority in South Africa, as indicated in Section 85 of
the Constitution. Members of Parliament are directly elected, and these ministries,
including the deputy president, typically selected from among them. Nevertheless, in
the event that specialized knowledge is needed, the president may also appoint up to
two ministers from outside of Parliament. The president has the authority to
designate deputy ministers from the National Assembly in addition to ministers to
help in governance (Johnson, 1975:9). An analogous situation exists at the provincial
level, where the premier and the executive council hold executive authority, with the
premier designating council members from the provincial executive authority. The
executive branch is solely responsible for carrying out legislative duties and it it is
also responsible for formulating policy, thus being the principal initiator. This duty
entails evaluating the social and physical state of society, planning for a better future,
and developing laws that guides society in that direction. Following the establishment
of policy, laws are approved, money is distributed, and accountability is ensured via
control mechanisms. Obtaining public support for its policies and making sure they
meet the requirements of the public are additional duties assigned to the executive
branch.

A consistent government policy is crucial and in order to sustain one, the executive
authority's responsibilities require it to coordinate the initiatives of other government
organizations. As leaders within their respected parties, ministers use the structure of
their parties to learn about the public's needs and integrate those requirements into
the formulation of public policy. The executive authority plays a vital role in
determining national policy since it must approve draft bills and budgets before
presenting them to the legislative authority. Top officials play a vital role in the policy-
making process, even if the Constitution does not specifically mention them. They
create processes for carrying out government programs, develop legislation, and
offer professional advice (Johnson, 1975:11). Officials often exercise greater
influence on policy than publicly recognized since their knowledge keeps government
operations running efficiently.

The government has a variety of options concerning finding a solution to a problem.

The government may decide to do nothing at all and allow the problem to solve by
itself or conduct an investigation does not conclude to any significant changes. On

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the other hand the government might act swiftly either on its own accord or after
consulting with the relevant parties. Consultation can take many different forms, from
genuine discussions to symbolic gestures, and its influence can also vary. Certain
policies develop naturally over time as opposed to being determined on formally. If
there are difficulties in finding internal settlement, the government may decide that
parliament should vote on the matter or call a referendum. The administration must
therefore choose between enforcing its policy and carrying on its search for a more
broadly embraced resolution.

Judicial authority

Judicial authority is referred to as the authority to settle disputes in terms of what the
law dictates and how the law should be implemented in certain situations. The courts,
regarded as distinct impartial bodies hold this authority even if they are not directly
involved in certain disputes that they adjudicate. Courts have several responsibilities
and roles that they fulfil in upholding and sanctioning policy and in so doing they
decide whether the actions by the government is constitutional or not. Conflicts
between government agencies regarding the appropriate use of their authority or
between citizens and the government frequently occur when citizens feel the
government has violated the law (Ames, 1987). The highest legal authority in South
Africa is determined by the Constitution, which means that any action or legislation
that conflicts with it is illegal. Courts not only make decisions on constitutionality, they
also create and modify complex principles of the law in which these function as social
norms. Judges are required to apply and interpret the law, however the also possess
the authority to shape the law. With this in mind, to enact laws for judges is more
limited than that of the legislative branch, which possess the ultimate power to
rewrite, alter and enact new legislation.

The judiciary also fulfills another function in which it reviews and makes decisions
with regards to the actions of ministers and government officials, especially where
executive decisions require the interpretation of law (Ames, 1987). An example of a
case in which this should be applied is when a license is issued by an official, the
judiciary must determine whether the applicant meets all legal requirements which
could result to judicial review. In some cases if the law might appear to be vague on
specific situations, the judiciary holds the responsibility to provide clarity and
guidance on how the law should be implemented. In the United States of America,
this role is carried out by the highest court of appeals. However, in South Africa the

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Constitutional court has the final say and authority in terms of matters involving the
constitution. The exclusive authority to rule on disputes between government
institutions at both national and provincial level lies with the court and ultimately
decides whether Parliament or the president failed to adhere to the Constitution.
Courts also employs a decentralized system to solve policy issues to ensure
constitutional governance.

Unofficial policy actors

The foundation of South Africa's political system is the idea of "government created
by the people, for the people”. This indicates that the administration and government
serve as the people's representatives and that it is their responsibility to create
policies that address the people's needs. If they are not satisfied, they have the
power to hold the government responsible.

The public, interest and pressure groups

Voters must engage in the political process in a democracy. involvement to specify

the measures they expect the government to take and involvement to verify if the
government is indeed acting in line with their desires. One of the Bill of Rights' most
significant provisions is Section 32, which is the foundation of democracy. This
provision states that everyone has the right to access any information that the state
possesses. Information accessibility is a critical precondition for transparency, which
is a prerequisite for public accountability. Election involvement is one form of direct
engagement, but there are other forms as well. However, there is also violent
terrorism. The degree of participation in these activities varies, as might the potential
fallout for others: Election participation is a comparatively indirect and passive impact
on events, whereas violence is an outright confrontation with the government, and is
frequently intended to produce outcomes in terms of policies that extend beyond
matters of the government (Goldsmith, 2015:620). There are various means the
public can participate such as elections, referendums, protests that are non-violent
and political violence and intimidation. In addition to each voter's involvement in the
policy-making process, groups can emerge formally or informally to create an interest
group with the goal of achieving specific objectives. These groups attempt to
persuade, educate and assault people based on shared interests or a specific
interest that may be impacted by government actions and choices and can bring
complaints to the notice of officials, members of parliament, and specific either in

6
writing by letters and the press or orally. This is done in order to make sure that
specific choices are made or that certain suggestions are turned down. The Pressure
groups so make an effort to shape the course and content of policy through political
tactics like demonstrations, petitions, and official representation contenders.

The business sector

The democracy of a nation corresponds directly with the fundamental freedoms that
the nation holds, including the freedom to vote and the right to private property.
These fundamental rights are becoming more connected to the ability to engage in
economic system of supply, demand, and profit in a free market. The relationship
between the democracies, private industry and free markets have specific
consequences for deciding on public policy. A second kind of "public officials" is
necessary for the market system, and these are the heads of corporate entities and
especially executive directors who oversee the majority of significant social
organizations (Albareda, 2018:1218). This means that planning the labor force,
distribution of social resources, investments and other concerns such as housing,
food production and transportation. However, these matters are not "public policy
decisions", but rather significant to the government because they have legal
ramifications for matters that the government has to make decisions regarding
concerns such as job availability, inflation, and price index, money's accessibility and
growing rate. These are within the interests regarding economic activity which greatly
affects policy and the public.

Sport, cultural and religious institutions

While religion, culture and sports are fundamentally private affairs, the government
has such a significant impact on how these actions are enforced the reason for this is
that organizations that support culture and sports are a part of the established
political system (Braun, 2013:809). This is applicable to both government policy and
the specific activities such as sports policies, cultural activities and religious activities
not only for freedom, but also to general government policy. These undertakings and
establishments can also be a way for the government to rule over the populace,
particularly in societies that are deeply religious, like Iran. This impact of the
governing activities entails that athletic associations, artistic institutions, and places
of worship and other religious organizations attempt to sway public policy in their
favor and in compliance with values for example churches against the bill of abortion.

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Commissions of inquiry

Policy making often considers the assistance of commissions of inquiry. The ability of
non-political individuals to serve on inquiry commissions is their main benefit. This
guarantees an innovative approach to the problem at hand. A commission of inquiry
also has the authority to call witnesses who are interested from any group or
individually. The structure of a commission of inquiry determines how successful it
will be. Ideally, the commission's members should consist of subject experts, and
unbiased specialists should represent each interested party. They have to be able to
view matters and problems from various perspectives, this is key to their validity.

Coordinating institutions, international institutions and other countries

Special employees as well as internal departments and organizations help the

cabinet. The Public Service Commission and the Treasury are consulted regarding
the financial and personnel implications of the bills. The Department of Justice
verifies that the measure does not conflict with any current laws by reviewing the
legal jargon (Braun, 2013:810). Public awareness is an important aspect as it draws
the awareness of public awareness through broadcasting, postal and
telecommunication services in order to grasp the implications and content of a
particular policy as well as facilitating public cooperation, Statistics South Africa and
other organizations can supply data essential to policy-making, such as
unemployment rates. All countries have the ability to make their own laws and are
eligible in making their own policies, they generally do not operate in a vacuum. This
means that they are part of the world and operate as a global civilization that consists
of norms and values. This causes a restriction in terms of domestic policy since they
have to consider their relations to other countries. A good example of this would be
whether to have certain economic relations with Russia since the starting of the
Russia-Ukraine war. Russia has many economic sanctions, in order to have
harmonious economic relations, other countries must be taken into account when
formulating policy.

Conclusion

Ultimately the government has the final say on public policy since the citizens vote for
parties to represent them and effectively execute their wants and needs. The
legislative, executive and judicial branches all cooperate within unison to ensure the

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best policies for citizens to enable all participants to a better future. Within these
branches of government, there exist many complexities which might make matters
difficult to resolve. Society should not be undermined in the process of policy making,
as they as well play vital role in shaping public policy. Society votes for the parties
involved to make difference, therefore they are key to the development and
advancement of public policies.

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List of references

1. Albareda, A. 2018. Connecting society and policymakers? Conceptualizing and

measuring the capacity of civil society organizations to act as transmission belts.
International Journal of Voluntary and Nonprofit Organizations, 29(6):1216–1232.

2. Ames, B. 1987. Political survival: politicians and public policy in Latin America.
Berkeley: University of California Press.

3. Baumgartner, F.R., & Jones, B.D. 2015. The politics of information: problem
definition and the course of public policy in America. IS: University of Chicago Press.

4. Braun, C. 2013. The driving forces of stability: Exploring the nature of long-term
bureaucracy-interest group interactions. Administration & Society, 45(7):809–836.

5. Cloete, F. 2011. Policy evaluation or assessment in Improving public policy. 3rd

edition by Cloete, F. & Wissink H. Pretoria: Van Schaik.

6. Goldsmith A.A. 2015. Elections and civil violence in new multiparty regimes:
Evidence from Africa. Journal of Peace Research, 52(1):607-621.

7. Johnson, C. 1975. Who governs? An essay on official bureaucracy. The Journal of

Japanese studies, 2(1):1–28.

8. Rautenbach, I.M., & Malherbe, E.F.J. 1994. What does the constitution say? Rand
Afrikaans University.

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