IPU PARLINE database: SOUTH AFRICA (National Assembly), Oversight

Parliament name

Parliament

Structure of parliament

Bicameral

Chamber name

National Assembly

Related chamber (for bicameral parliaments)

National Council of Provinces

Type of political regime

parliamentary

Notes

The South African Parliament consists of the National Assembly and the National Council of Provinces (Article 40 of the Constitution).

Head of the executive

President of the Republic

Notes

The President of the Republic is the Head of State and Head of the national executive (Article 83 of the Constitution). He or she must uphold, defend and respect the Constitution as the supreme law of the Republic, and promote the unity of the nation. The cabinet consists of the President, as Head of the cabinet, a Deputy President and other ministers (Article 91 of the Constitution).

Method for appointing the executive

At its first sitting after its election, and whenever necessary to fill a vacancy, the National Assembly must elect a woman or a man from among its members to be the President (Article 86 of the Constitution). The President of the Constitutional Court must preside over the election of the President, or designate another Judge to do so. The elected President appoints and dismisses the Deputy President and ministers, and assigns their powers and functions. He or she must select the Deputy President and other ministers from among the members of the National Assembly, and may select no more than two ministers from outside the Assembly. The President must also appoint a member of the cabinet to be the leader of Government business in the National Assembly.

Term of office of the executive and coincidence with the term of the legislature

The National Assembly is elected for a term of five years (Article 49 of the Constitution). The President's term of office coincides with the term of the legislature, begins on assuming office and ends upon a vacancy occurring or when the person next elected President assumes office (Article 88 of the Constitution). No person may hold office as President for more than two terms, but when a person is elected to fill a vacancy in the office of President, the period between that election and the next election of a President is not regarded as a term. When an election of the National Assembly is held, the cabinet, the Deputy President, ministers and any deputy ministers remain competent to function until the person elected President by the next Assembly assumes office.

Incompatibility of the functions of member of the executive and member of Parliament

No

Ministers are normally chosen from among the members of the National Assembly. An exception is the President, who loses his seat in the Assembly as soon as he or she is elected (Article 87 of the Constitution).

Dissolution of Parliament

Yes

Circumstances

The President must dissolve the National Assembly if (i) the Assembly has adopted a resolution to dissolve with a supporting vote of a majority of its members; and (ii) three years have passed since the Assembly was elected (Article 50 of the Constitution). The acting President must dissolve the National Assembly if (i) there is a vacancy in the office of President; and (ii) the Assembly fails to elect a new President within 30 days after the vacancy occurred.

Modalities

If the National Assembly is dissolved, or when its term expires, the President, by proclamation, must call and set dates for an election, which must be held within 90 days of the date the Assembly was dissolved or its term expired (Article 49.2 of the Constitution). A proclamation calling and setting dates for an election may be issued before or after the expiry of the term of the National Assembly. The National Assembly remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next Assembly. No dissolution has occurred between 1990 and 2000.

Accountability of Government to Parliament

Yes

The National Assembly provides for mechanisms to ensure that all executive organs of state in the national sphere of Government are accountable to it, and to maintain oversight of the exercise of national executive authority, and any organ of state (Article 55 of the Constitution). The Deputy President and ministers are responsible for the powers and functions of the executive assigned to them by the President (Article 92 of the Constitution). Members of the cabinet are accountable collectively and individually to the National Assembly for the exercise of their powers and the performance of their functions.

Modalities of oversight

Oral and written questions of parliamentarians

Government accountability to the National Assembly is brought into play by putting oral and written questions to Government.

Government reports to Parliament

The National Assembly or any of its committees may require any person or institution to report to it (Article 56 of the Constitution). Members of the cabinet must provide the National Assembly with full and regular reports concerning matters under their control (Article 92 of the Constitution).

Measures

Vote of confidence on Government programs and/or legislative proposals

Not applicable

Motions of censure and votes of no confidence (sub-report)

Circumstances

The Constitution only makes provisions for the consequences of a motion of no confidence, and does not specify for what reasons it may be moved. A motion of no confidence may be tabled against the President, or against the cabinet excluding the President.

Modalites

The National Assembly passes a motion of no confidence by a vote supported by a majority of its members.

Consequences

If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the cabinet excluding the President, the President must reconstitute the Cabinet (Article 102 of the Constitution). Likewise, if the National Assembly passes a motion of no confidence in the President, the President and the other members of the cabinet and any deputy ministers must resign. No motions of censure were tabled between 1990 and 2000.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The National Assembly may remove the President from office only on the grounds of (i) a serious violation of the Constitution or the law; (ii) serious misconduct; or (iii) inability to perform the functions of office (Article 89 of the Constitution). The Public Protector, the Auditor General or a member of a Commission may be removed from office only on (i) the grounds of misconduct, incapacity or incompetence; (ii) a finding to that effect by a committee of the National Assembly; and (iii) the adoption by the Assembly of a resolution calling for that person's removal from office (Article 194 of the Constitution). A Judge may be removed from office only if (i) the Judicial Service Commission finds that the Judge suffers from incapacity, is grossly incompetent or is guilty of gross misconduct; and (ii) the National Assembly calls for that Judge to be removed (Article 177 of the Constitution). Cabinet members are not liable to civil or criminal proceedings, arrest, imprisonment or damages for anything that they have said or revealed in, produced before or submitted to the Assembly or any of its committees (Article 58 of the Constitution).

Modalites and procedure

The National Assembly, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the President from office. A resolution of the National Assembly concerning the removal from office of (i) the Public Protector or the Auditor General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or (ii) of a member of a Commission must be adopted with a supporting vote of a majority of the members of the Assembly.

Consequences

Anyone who has been removed from the office of President may not receive any benefits of that office, and may not serve in any public office. When the President is unable to fulfil the duties of President or during a vacancy in the office of President an office-bearer acts as President. The President may suspend a person from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person, and must remove a person from office upon adoption by the Assembly of the resolution calling for that person's removal. The President must remove a Judge from office upon adoption of a resolution calling for that Judge to be removed. No impeachments have occurred between 1990 and 2000.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

Members of the cabinet are accountable collectively and individually to the National Assembly for the exercise of their powers and the performance of their functions.

Means and modalities of oversight

Hearings in Committees

The National Assembly or any of its committees may summon any person to appear before it to give evidence on oath or affirmation, or to produce documents (Article 56 of the Constitution).

Committees of inquiry and missions to Government departments

The National Assembly exercises oversight over the actions of the administration through committees of inquiry. The President can also appoint committees of inquiry (Article 84, paragraph 2, sub-section f of the Constitution).

Oral and written questions of parliamentarians

No question may be addressed to any person other than a member of the cabinet. A member who wants to give notice of a question must deliver to the Secretary, for placement on the question paper, a signed copy of the notice, indicating the day on which the question will be put. Questions delivered before 12 a.m. on any working day may appear on the second sitting day thereafter and not earlier, in the order in which they are received. Questions for oral reply may not contain more than five subdivisions. They are limited to two questions per member per question day. A question submitted must be placed on the question paper for reply at least six working days prior to the question day. Oral questions that cannot be placed on the question paper because of limits must be placed as questions for written reply.

If a minister is absent on a day when questions relating to the relevant cluster are to be answered and those questions are not answered by another cabinet member or by the deputy minister concerned, the speaker may, if requested to do so by the member in whose name a question to that minister stands, and after consultation with the leader of Government, direct that questions to that minister be placed on the question paper for the first question session for ministers following that day, and an additional 30 minutes be added to the question time for that session. Questions to the Deputy President have precedence over questions to ministers. Questions to the President must be scheduled for a question day at least once per term and limited to matters of national and international importance. They must be submitted to the Secretary before 12 a.m. on the Monday, 16 days before the question day on which they are to be answered. A member may, with the permission of the Speaker, place an urgent question for oral reply on the question paper for a question day on which such a question would not normally be dealt with. The Speaker must consult the leader of Government business before approving an urgent question. A debate arising out of a question could be arranged.

The time allotted for oral questions is two hours. The reply to a question is limited to three minutes but if the Speaker is of the opinion that the matter is of sufficient importance an additional two minutes may be allowed. In respect of each question, four supplementary questions may be asked, with the first opportunity going to the member in whose name a question stands. A member who asks a supplementary question may make a statement or express an opinion, but may not speak for more than one minute. The reply to a supplementary question is limited to two minutes. A question for written reply may be placed on the question paper for any working day and must be delivered to the Secretary before 12 a.m. on the Tuesday of the week during which it is to be placed on the question paper for reply. Questions for written reply may not contain more than 15 subdivisions, and are limited to three questions per member per week. If the responsible cabinet member has not replied in writing to a question within 10 working days of the day for which the question was set down for written reply, and the member in whose name the question stands so requests, the Secretary must place the question on the question paper for oral reply.

Role of Parliament in the appointment of senior Government officials

The role of Parliament on appointments covers officials serving on the state institutions supporting constitutional democracy (Public Protector, South African Human Rights Commission, Commission for the promotion and protection of the rights of cultural, religious and linguistic communities, Commission for gender equality, Auditor General, electoral Commission), as well as some other Commissions.

Activity reports of the Government administration and of public services or establishments

Ministers are the political Heads in their respective departments. They must provide the Assembly with full and regular reports concerning matters under their control (Article 92 of the Constitution).

Representation of Parliament in governing bodies of the Government administration

The National Assembly is represented on the Judicial Service Commission, and designates members to serve on the Magistrates Commission and on the Audit Commission.

Existence of an ombudsman

Yes

Method for appointing the executive

The National Public Protector, or Ombudsman, is a high level official, independent of Government or any political party, and is appointed by the President on the recommendation of the National Assembly.

Relationship to Parliament

The Public Protector is accountable to the National Assembly, and must report on his or her activities and the performance of his or her functions to the National Assembly at least once a year. Parliament will debate a matter and ensure that his or her recommendations are followed.

Consultation of Parliament in the preparation of the national budget

Yes

The Finance and Fiscal Commission briefs the finance committees on a regular basis. Also, the minister of finance annually presents the medium term budget policy to the Assembly for consideration.

Modalities of oversight

Examination of the budget / finance act by Parliament

On the day the appropriation bill is introduced in the National Assembly, it gets referred to the portfolio committee on finance. The National Assembly has to decide on separate votes in the schedule to an appropriation bill. The practice in this Chamber has been first to debate all the votes separately, and once the appropriation bill has been approved, to place it on the order paper for a second reading. The second reading debate is a brief session of about one hour, after which the bill is referred to the National Council of Provinces for its approval.

Reports on the budget / finance act by Committees

No amendment to the bill or any accompanying schedule or papers may be moved while the committee is considering the bill. The committee may confer with the corresponding committee of the National Council of Provinces. The period for deliberations by the committee is limited to a maximum of seven consecutive parliamentary working days. Once the finance committee has considered the bill, it presents a report to the Assembly.

Fields overseen

Defence budget

The National Assembly exercises oversight over all public funds and with respect to the defence budget in particular through the defence and finance committees.

Budget of special departments

The National Assembly exercises oversight over all public funds and with respect to special departments in particular through the joint standing committee on intelligence.

Role of Parliament in national development plans

Committees oversee development plans, which may also be debated in the Assembly.

Parliament's deadline for the examination and adoption of the budget / finance act

There is no deadline in law, but in practice the deadline is set by the National Assembly itself, in consultation with the leader of Government business. It normally takes up to four months for the Assembly to pass the budget.

Consequences of failure by Parliament to adopt the budget / finance act

Although there is no specific provision in law for such an event, failure to adopt the budget is likely to be interpreted as a vote of no confidence in Government.

Budgetary autonomy of Parliament

Yes

The National Assembly is responsible for its own budget, but is presented with guideline figures by the national treasury. In addition, the joint rules committee and sub-committee on the parliamentary budget play a direct role in the formulation of the budget.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Not applicable

Parliamentary oversight of public companies

No

The National Assembly can, however, monitor or oversee activities of public companies through its various committees.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Auditor General must audit and report on the accounts, financial statements and financial management of all national and provincial state departments and administrations, all municipalities, and on any other institution or accounting entity required by national or provincial legislation to be audited (Article 188 of the Constitution). The Auditor General may also audit and report on the accounts, financial statements and financial management of any institution funded from the national revenue fund or a provincial revenue fund or by a municipality, or any institution that receives money for a public purpose.

The President, on the recommendation of the National Assembly, appoints the Auditor General for a fixed, non-renewable term of between five and ten years.

Reports of the public auditor's office

The Auditor General must submit audit reports to any legislature that has a direct interest in the audit, and to any other authority prescribed by national legislation. All reports must be made public. The Assembly follows up the work of the auditor general through the standing committee on public accounts, which may report to the National Assembly on any financial statements or reports submitted to it.

Specialised committee

The National Assembly's standing committee on public accounts acts as the watchdog over the way taxpayers' money is spent by the executive. Every year the Auditor General tables reports on the accounts and financial management of the various Government departments and state institutions. Heads of these bodies are regularly called to account by this committee, which can recommend that the National Assembly take corrective actions if necessary. Furthermore, state departments submit audited annual reports that are examined by the relevant committees of the two chambers.

Foreign Relations Committee (sub-report)

Functions of the Committee

The National Assembly exercises oversight over foreign policy through the portfolio committee on foreign affairs.

Powers of the Committee

The committee (a) deals with bills and other matters falling within its portfolio; (b) oversees (i) the exercise within its portfolio of national executive authority, including the implementation of legislation; (ii) any executive organ of state falling within its portfolio; (iii) any constitutional institution falling within its portfolio; and (iv) any other body or institution in respect of which oversight was assigned to it, (c) may monitor, investigate, enquire into and make recommendations concerning any such executive organ of state, constitutional institution or other body or institution, including the legislative programme, budget, rationalisation, restructuring, functioning, organisation, structure, staff and policies of such organ of state, institution or other body or institution, (d) may consult and liaise with any executive organ of state or constitutional institution, and (e) performs any other functions, tasks or duties assigned to it.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the National Assembly.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The National Assembly exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The National Assembly exercises oversight over foreign policy by organising plenary debates on foreign policy issues, the number of such debates varying from session to session, with the determining factor being whether there is a topical issue during a particular period.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in intergovernmental meetings at the request of the Government, or they can take the initiative to send a delegation.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The negotiating and signing of all international agreements is the responsibility of the national executive (Article 231 of the Constitution). An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is an international agreement of a technical, administrative or executive nature. An agreement which does not require either ratification or accession entered into by the national executive binds the Republic without approval by Parliament, but must be tabled in the Assembly and the Council within a reasonable time. Any international agreement becomes law when it is enacted into law by national legislation. A self-executing provision of an agreement that has been approved by the parliament is law unless it is inconsistent with the Constitution or an existing act.

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, the Assembly can, on the recommendation of a committee, request or urge Government to accede to a treaty. Moreover, parliamentary oversight is brought into play through exchanges and cooperation or other parliamentary forums.

National Defence Committee (sub-report)

Functions of the Committee

The National Assembly exercises oversight over defence policy through the joint standing committee on defence.

Powers of the Committee

Not available

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the National Assembly.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President as Head of the national executive may declare a "state of national defence", and must inform the Assembly promptly and in appropriate detail of the reasons for the declaration, any place where the defence force is being employed, and the number of people involved (Article 203 of the Constitution). If the National Assembly is not sitting when a state of national defence is declared, the President must summon it to an extraordinary sitting within seven days of the declaration. A declaration of a state of national defence lapses unless it is approved by the National Assembly within seven days of the declaration.

A state of emergency may be declared only by an act of parliament and only when the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency, and the situation must be such that the declaration is necessary to restore peace and order. The President declares a state of emergency in the Republic or in any area therein by proclamation in the gazette. The reasons for the declaration of the state of emergency are stated briefly in the proclamation. The President may at any time withdraw the proclamation by like proclamation in the gazette.

Role of Parliament in sending troops abroad

Only the President, as Head of the national executive, may authorise the employment of the defence force in cooperation with the police service, in defence of the Republic, or in fulfilment of an international obligation (Article 201 of the Constitution). When the defence force is employed, the President must inform Parliament, promptly and in appropriate detail, of (i) the reasons for the employment of the defence force; (ii) any place where the force is being employed; (iii) the number of people involved; and (iv) the period for which the force is expected to be employed. If the National Assembly does not sit during the first seven days after the defence force is employed, the President must provide the information required to the appropriate oversight committee.

Other mechanisms for participation in national defence policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

Circumstances

The President may, by proclamation in the gazette, declare a state of national defence if, among other things, the sovereignty or territory of the Republic (i) is threatened by war, including biological or chemical warfare, or invasion, armed attack or armed conflict; or (ii) is being or has been invaded or is under armed or cyber attack or subject to a state of armed conflict. After the declaration of a state of national defence the President may authorise the mobilisation of persons for service in the defence force. The President may during a state of national defence, and for as long as the proclamation declaring a state of national defence remains in force, by proclamation in the gazette, make such regulations as are necessary or expedient to deal with any circumstances which have arisen or are likely to arise as a result of the state of national defence, and make adequate provision for terminating it.

The President may, by proclamation in the gazette, also declare a state of emergency in the Republic or in any area therein. The reasons for the declaration of the state of emergency must be stated briefly in the proclamation. The President may, for as long as the proclamation declaring the state of emergency remains of force, make such regulations as are necessary or expedient to restore peace and order and to make adequate provision for terminating it, or to deal with any circumstances which have arisen or are likely to arise as a result of the state of emergency. In addition to the publication of the regulations, the President causes the contents of the regulations to be made known to the public by appropriate means.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

A copy of any proclamation declaring a state of emergency and of any regulation, order, rule or by-law made in pursuance of any such declaration must be laid upon the table in the Assembly by the President as soon as possible after the publication thereof. The National Assembly may disapprove of any such regulation or order or make any recommendation to the President in connection with them. Any regulation, order, rule or by-law ceases to be of force and effect (i) as from the date on which the proclamation declaring that state of emergency is withdrawn by the President; (ii) as from the date on which the National Assembly resolves not to extend the declaration of that state of emergency or disapproves of any such regulation or order; or (iii) as from the date on which the declaration of that state of emergency lapses. The Assembly does play a major role in extending the declaration of the state of emergency. Any initial extension of the declaration must be adopted by a resolution with the supporting vote of a majority of all deputies, following a public debate in the Assembly. A subsequent extension requires the supporting vote of at least 60% of the members.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court consists of a President, a Deputy President and nine other Judges (Article 167 of the Constitution). A matter before the Constitutional Court must be heard by at least eight Judges. A Constitutional Court Judge is appointed for a non-renewable term of 12 years, but must retire at the age of 70.

Means and procedures

The Constitutional Court is the highest court in all constitutional matters, may decide only constitutional matters, and issues connected with decisions on constitutional matters, and makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter. Only the Constitutional Court may (i) decide disputes between state bodies at national or provincial level concerning the constitutional status, powers or functions of any of those bodies; (ii) decide on the constitutionality of any parliamentary or provincial bill; (iii) decide on the constitutionality of any amendment to the Constitution; (iv) decide that the Assembly or the President has failed to fulfil a constitutional obligation; or (v) certify a provincial constitution.

The Constitutional Court makes the final decision whether an act of parliament, a provincial act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, a High Court, or a court of similar status, before that order has any force. National legislation must allow a person, when it is in the interests of justice and with leave of the Constitutional Court to bring a matter directly to the Constitutional Court, or to appeal directly to the Constitutional Court from any other court. A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution.

Members of the National Assembly may apply to the Constitutional Court for an order declaring that all or part of an act of parliament is unconstitutional. An application must be supported by at least one third of its members and be made within 30 days of the date on which the President assented to and signed the act. The Constitutional Court may order that all or part of an act has no force until the court has decided the application if the interests of justice require this and the application has a reasonable prospect of success. If an application is unsuccessful, and did not have a reasonable prospect of success, the Constitutional Court may order the applicants to pay costs. The Supreme Court of Appeal, a High Court or a court of similar status may make an order concerning the constitutional validity of an act of parliament, a provincial act or any conduct of the President, but such an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court.

Evaluation of laws

Yes

The portfolio committees oversee implementation of existing laws. All bills, upon introduction, are also referred to the relevant committees and it is part of their function to assess the suitability of a bill before recommending to the Assembly that the bill be passed.

Measures

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