Public Administration N4 – The Hierarchy of Authorities Q & A

Public Administration N4 –Revision 

1.1 The deputy president plays a very important role within the government. Explain the appointment of the deputy president in South Africa.

  • The president appoints the deputy president from the members of the National Assembly.
  • Every party holding 80 seats in the National Assembly is entitled to designate a deputy president.
  •  If no party holds 80 seats, the two parties holding the largest number and the second largest number of seats can designate a deputy president.
  • The term of office is five years

1.2 Explain the role of the deputy president within the South African government.

  • Carries out all activities assigned to them by the president or constitution
  •  Assists the president
  •  Has the same tasks as members of the cabinet
  •  Accountable collectively (with members of the cabinet) and  individually to Parliament
  • Provides parliament with full and regular reports about the area that he/she controls

1.3 The provincial legislature has the authority to make its own laws for each province. Discuss the different matters over which the provincial legislature has the authority to pass laws for its province.

Answer: Provincial legislatures in South Africa have a broad range of powers and responsibilities, allowing them to pass laws on various matters that directly affect their respective provinces. These matters include:

Agricultural Services:

Provincial legislatures can enact laws related to agricultural practices and support for farmers. For example, they may establish regulations for land use and agricultural subsidies.

Cultural Affairs:

Matters pertaining to cultural preservation, heritage, and promotion fall under provincial jurisdiction. This includes funding for cultural events and heritage site maintenance.

Education:

While universities of technology and universities fall under national authority, provincial legislatures have control over primary and secondary education. They can pass laws to improve the quality of education, curriculum development, and school infrastructure.

Health Services:

Health policies and regulations within a province, including the operation of public health facilities, are under the purview of provincial legislatures.

Housing:

Laws related to housing development, affordable housing projects, and property regulations are within provincial legislative authority.

Language Policy:

Provincial legislatures can determine language policies for educational institutions and government services within their provinces.

Police and Protection Services:

Matters concerning policing, community safety, and law enforcement are under provincial control. This includes the establishment of provincial police services.

Public Transport Services:

Regulations for public transportation, including buses and taxis, are determined by provincial legislatures.

Tourism:

Provinces can pass laws to promote and regulate tourism, impacting areas such as tourism infrastructure and the promotion of local attractions.

Local Government Affairs:

Matters related to local government, such as municipal structures, election processes, and local development planning, are governed by provincial laws.

Gambling Services:

Provincial legislatures oversee gambling services within their provinces, excluding national lotteries.

Environment Affairs:

Environmental policies, conservation efforts, and regulations to protect natural resources are within provincial legislative authority.

Public Works Services:

Laws regarding public infrastructure development, maintenance, and public works projects fall under provincial jurisdiction.

Regional Planning and Development:

Provincial governments can enact laws to guide regional development and planning.

Traditional Leaders:

Matters concerning the recognition and roles of traditional leaders are determined by provincial legislatures.

Urban and Rural Development:

Provincial governments are responsible for promoting balanced development in both urban and rural areas.

1.3  Name and explain the THREE spheres of the South African government according to the constitution.

Answer:

The South African government is structured into three spheres, each with its distinct responsibilities and functions:

National or Central Sphere of Government:

    • This is the highest level of government in South Africa, responsible for governing the entire state.
    • It holds the primary authority for organizing and administering affairs at the central level by creating laws and policies that are binding on all other forms of government.
    • Parliament, as part of the national sphere, possesses the authority to enact laws at the central level that apply nationwide.
    • For example, the South African Parliament in Cape Town is responsible for crafting national legislation and policies on issues such as foreign relations and defense.

Provincial or Regional Sphere of Government:

    • The provincial government is the second level of government in South Africa, with nine provincial governments, each aligned with one of the nine provinces.
    • While provincial governments have a degree of independence, their authority is not entirely autonomous, and it operates within the bounds set by the central government.
    • Provincial governments must ensure that their laws and policies do not conflict with those enacted at the central level.
    • Provincial legislatures have the power to pass laws that pertain specifically to their respective provinces.
    • For instance, the Gauteng Provincial Legislature in Johannesburg can pass provincial legislation related to issues like health care and education within the Gauteng province.

Local or Municipal Level of Government:

    • The local government represents the smallest and most localized form of government, serving as the third level.
    • Local governments are fundamental in democratic societies, as almost all residents of towns or cities have the opportunity to participate in local elections.
    • They offer ordinary citizens the ability to manage their local affairs independently.
    • Decisions made at the local level must align with the laws and policies established by both the central and provincial governments.
    • For instance, municipal councils in cities like Cape Town or Durban are responsible for local matters such as waste management, public transportation, and urban planning.

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