The Legislature

Question 1

What are the two houses of Parliament in South Africa?

Answer 1

The National Assembly (NA) and the National Council of Provinces (NCOP)

The National Assembly is the lower house, while the NCOP is the upper house.

Question 2

What is the primary role of the National Assembly?

Answer 2

Oversight, appointing the president, providing a national forum for debate, and passing legislation

The National Assembly consists of 400 members elected through a closed PR electoral system.

Question 3

What was the outcome of the New Nation Movement NPC v President of the RSA 2020 case?

Answer 3

The closed PR electoral system was declared unconstitutional

This led to the passing of the Electoral Amendment Act on 23 February 2023.

Question 4

How are members of the National Assembly elected?

Answer 4

Through a closed list proportional representation electoral system

Political parties submit ranked lists of candidates to the Electoral Commission.

Question 5

What is the advantage of a closed list proportional representation electoral system?

Answer 5

It reflects the wishes of voters more accurately and minimizes wasted votes

Smaller parties are better represented in the NA.

Question 6

What is a disadvantage of the closed list proportional representation electoral system?

Answer 6

It weakens the link between voters and elected representatives

Elected MPs are accountable to their party leaders rather than directly to voters.

Question 7

What does privilege refer to in the context of the National Assembly?

Answer 7

Protection for MPs from civil or criminal proceedings for statements made in Parliament

Established by section 58 of the Constitution.

Question 8

What does section 11 of the Powers, Privileges and Immunities of Parliament Act state?

Answer 8

It allows for the arrest and removal of any person causing a disturbance in Parliament

This has raised constitutional validity concerns regarding MPs’ privileges.

Question 9

What is a no confidence motion in the context of the National Assembly?

Answer 9

A mechanism to hold the President accountable, requiring a majority vote to pass

Defined under section 102 of the Constitution.

Question 10

What is the significance of the Nkandla case in South African politics?

Answer 10

It involved a public protector’s report ordering the President to account for state funds used for non-security improvements

The President did not comply with the remedial actions proposed.

Question 11

What is the South African electoral system primarily based on?

Answer 11

Closed list proportional representation

This was challenged in the New Nation Movement NPC v President of the RSA case.

Question 12

What are the two categories of electoral systems?

Answer 12

Majoritarian and Proportional

Majoritarian includes plurality and transferable vote; Proportional includes open and closed lists.

Question 13

What is the role of portfolio committees in the National Assembly?

Answer 13

To examine bills, departmental budget votes, and oversee departmental work

They review and amend bills after public involvement.

Question 14

What does section 56 of the Constitution empower the National Assembly to do?

Answer 14

Demand evidence

This is part of the oversight mechanisms available to Parliament.

Question 15

Fill in the blank: The _______ has the duty of oversight and appoints the president.

Answer 15

National Assembly

Question 16

True or False: The President has a general right to veto bills passed by the National Assembly.

Answer 16

False

The President may refuse to sign a bill only if there are constitutional concerns.

Question 17

What is the key limitation of parliamentary free speech according to sections 58(1)(a) and 71(1)(a) of the Constitution?

Answer 17

It is subject to the rules and orders of the National Assembly and National Council of Provinces

This means that parliamentary free speech can be limited within certain bounds.

Question 18

What type of electoral system is used for national and provincial elections in South Africa?

Answer 18

Closed list PR

PR stands for Proportional Representation.

Question 19

What case challenged the closed list PR system in South Africa?

Answer 19

New Nation Movement NPC v President of the RSA

The case focused on the right to make political choices and the right not to associate.

Question 20

What sections of the South African Constitution were analyzed in the challenge to the closed list PR system?

Answer 20

Section 19 and Section 18

Section 19 relates to the right to vote and Section 18 relates to freedom of association.

Question 21

What did the Constitutional Court decide regarding the closed list PR system?

Answer 21

It violated the right of those not wishing to join a political party under section 19

The legislature was given two years to develop a new system.

Question 22

What is the main concept of proportional representation (PR)?

Answer 22

Subgroups of an electorate are reflected proportionately in the elected body.

Question 23

How can independent candidates participate in the new electoral system?

Answer 23

They can stand only on the regional lists with signatures from 20% of the quota for one seat.

Question 24

What happens to additional votes received by an independent candidate?

Answer 24

They go into a ‘trough’ to be redistributed between parties proportionally.

Question 25

According to the Electoral Amendment Act, how many seats can an independent candidate win?

Answer 25

One seat, regardless of the number of votes above the required amount.

Question 26

What is required for an independent candidate to qualify for election?

Answer 26

About 8000 signatures and identity numbers of their supporters.

Question 27

What restrictions does the Electoral Amendment Act impose on independent candidates?

Answer 27

They are restricted to the regional list and excluded from the proportional representation list.

Question 28

What is the consequence of the independent candidates' votes being discarded?

Answer 28

Parties may receive more than their proportional share of seats.

Question 29

What was the central issue in Justice Alliance of SA v President of RSA?

Answer 29

Whether the president has the authority to extend the term of the Chief Justice.

Question 30

What does Section 176(1) of the Constitution state about the term of a Constitutional Court judge?

Answer 30

A judge holds office for a non-renewable term of 12 years or until age 70.

Question 31

What does Section 8(a) of the Judges' Remuneration and Conditions of Employment Act allow?

Answer 31

It allows a Chief Justice to remain in office at the request of the President.

Question 32

What is the permissible delegation of legislative powers?

Answer 32

Parliament may not delegate its essential legislative functions.

Question 33

What is the main function of Parliament in South Africa?

Answer 33

To enact national legislation for the Republic of South Africa.

Question 34

What is the role of the National Assembly regarding the executive branch?

Answer 34

Oversight of the executive branch of government.

Question 35

What was the outcome of the Doctors for Life case?

Answer 35

The bill was overturned due to insufficient public participation.

Question 36

What must Parliament facilitate according to section 76(1)?

Answer 36

Public involvement in the legislative process.

Question 37

What is the significance of the Tongoane case?

Answer 37

It helps determine whether a bill is S75 or S76 based on its impact on provinces.

Question 38

What was the purpose of the Communal Land Rights Act (CLARA)?

Answer 38

To give Black people secure tenure of land they occupy.

Question 39

What does Section 7(2) of the Constitution impose on the state?

Answer 39

An obligation to protect, respect, promote, and fulfill the rights in the Bill of Rights.

Question 40

What test did the court establish for public participation in the legislative process?

Answer 40

A reasonableness test to evaluate sufficient public involvement.

Question 41

What problem was CLARA trying to address?

Answer 41

CLARA was meant to give Black people living on these lands’ secure tenure.

Question 42

What was the declared purpose of CLARA?

Answer 42

To provide for legal security of tenure.

Question 43

What legal issues were identified in the judgment regarding CLARA?

Answer 43

Did Parliament follow the correct procedure? Did Parliament comply with its constitutional obligation? Should the order of invalidity be confirmed?

Question 44

What was the history of land dispossession summarized in the judgment?

Answer 44

Tenure was precarious and legally insecure; indigenous law governed succession; tribal authorities played a role in land allotment.

Question 45

What concerns did communities have about CLARA?

Answer 45

Indigenous-law-based system of land administration might be replaced, leading to loss of control over land.

Question 46

What is the difference between tagging and legislative competence?

Answer 46

Tagging classifies which category a Bill falls in; legislative competence determines which body can pass a Bill.

Question 47

What are the two schedules dealing with legislative capacity in the Constitution?

Answer 47

* Schedule 4: Concurrent national and provincial legislative competence * Schedule 5: Areas only provinces can legislate on.

Question 48

What is the pith and substance test?

Answer 48

Determining the main purpose of a Bill to see if it fits into Schedule 4 or 5.

Question 49

What does the NCOP do differently when a section 76 Bill is passed?

Answer 49

The NCOP represents the views of the people in those provinces.

Question 50

What was the tagging mistake in the Liquor Bill?

Answer 50

Tagged a section 75 Bill as a section 76 Bill, leading to excessive provincial consultation.

Question 51

What are 'manner and form' provisions?

Answer 51

Provisions where no subjective judgment or discretion is required of the decision-maker.

Question 52

Do public protector's remedial actions have to be binding?

Answer 52

Yes, they can be binding if the wording of the report is mandatory.

Question 53

What was the outcome of the EFF v Speaker of National Assembly case regarding the public protector?

Answer 53

The National Assembly must engage with the Public Protector’s findings and cannot simply dismiss them.

Question 54

What is the purpose of the office of the public protector?

Answer 54

To conduct investigations and recommend remedies for governmental misconduct.

Question 55

What does Section 42(3) of the Constitution state about the National Assembly?

Answer 55

The National Assembly is elected to represent the people and ensure government by the people.

Question 56

Can a matter fall into the exclusive competence of the national legislature and still affect provinces?

Answer 56

Yes, as seen in the CLARA case.

Question 57

What role does the National Assembly have in scrutinizing the public protector's reports?

Answer 57

They have the discretion to determine how to scrutinize findings and remedial actions.

Question 58

What was the ruling in the United Democratic Movement v Speaker, National Assembly case?

Answer 58

The ruling highlighted the influence of party politics in the electoral system.

Question 59

Fill in the blank: The _______ was enacted to address land tenure insecurity for Black people.

Answer 59

CLARA

Question 60

True or False: The NCOP has no role when a section 75 Bill is passed.

Answer 60

True

Question 61

What was one of the main concerns regarding the control of land under CLARA?

Answer 61

Communities feared loss of say on who uses the land.

Question 62

What does the court's decision on tagging indicate about legislative process?

Answer 62

Tagging must reflect the substantive impact of the Bill on provinces.

Question 63

What is the significance of the judgment regarding the binding nature of the Public Protector's recommendations?

Answer 63

They must be considered by the National Assembly and cannot be ignored.

Question 64

Who are the presidential appointees in Parliament?

Answer 64

Ministers and Deputy Ministers who are also Members of Parliament ## Footnote These appointments are influenced by the ruling party.

Question 65

What is the relationship between the President and the ruling party in Parliament?

Answer 65

The President is almost invariably the leader of the ruling party ## Footnote This implies significant influence over appointments in Parliament.

Question 66

What risks do Members of Parliament face when challenging their leaders?

Answer 66

Institutional and other risks related to questioning the suitability of their leaders ## Footnote Particularly for members of the ruling party.

Question 67

What happens if ANC MPs vote out the President?

Answer 67

They will also get thrown out ## Footnote This highlights the political risks involved.

Question 68

What is central to the freedom to follow personal conscience for Members of Parliament?

Answer 68

The oath of office ## Footnote Members swear or affirm faithfulness to the Republic and obedience to the Constitution.

Question 69

What does the supreme law require Members to prioritize in case of conflict?

Answer 69

Upholding constitutional values over party loyalty ## Footnote Their duty is to serve the people and act in their best interests.

Question 70

Why is the submission of Members' names to the Electoral Commission crucial?

Answer 70

It allows the people to know which candidates are on the party’s list ## Footnote This transparency is necessary for public trust.

Question 71

What must each Member be able to do regarding motions of no confidence?

Answer 71

Advance the constitutional project of improving citizens' lives ## Footnote This includes ensuring accountability and good governance.

Question 72

What determines the appropriate voting procedure for a motion of no confidence?

Answer 72

The specific circumstances surrounding the motion ## Footnote Some may require a secret ballot, while others may not.

Question 73

What are the two aspects of the UDM case?

Answer 73

UDM and the electoral system, UDM and the relationship between the legislature and judiciary ## Footnote These aspects question the balance of power and effectiveness in governance.

Question 74

Fill in the blank: The _____ of office requires Members to swear faithfulness to the Republic.

Answer 74

oath ## Footnote This oath emphasizes loyalty to the Constitution and laws.