Question

What are the levels of organs of the government

Answer 1

There are 3 organs of government:

1 Legislature

2 executives

3 judiciary

Answer 2

THE STRUCTURE OF GOVERNMENT

The Executive

The Judiciary

The Legislature

The Executive

The executive consists of the President, the Deputy President and the Cabinet ministers at national level, and the Premier and Members of the Executive Councils (MECs) at provincial level. It also includes government departments and civil servants.

The responsibility of the Executive is to run the country and to make policy in the best interests of its citizens and in terms of the Constitution. They are empowered to implement legislation, develop and implement policy, direct and co-ordinate the work of the government departments, prepare and initiate legislation and perform other functions as called for by the Constitution or legislation.

The Executives cannot pass laws, however, but may propose to the Legislature new laws and changes to existing laws.

The Structure of the National Executive:  

The President

The President is Head of State and head of the national Executive or Cabinet. S/he is entrusted with maintaining the supremacy of the Constitution as the guiding law of the country, and is also required to promote the unity and interests of the nation. As head of the national Executive, the President is also the Commander-in-Chief of the defence force.

Election of the President

The National Assembly elects one of its Members to be President during the first sitting of the National Assembly. Once elected as President, the President ceases to be a Member of Parliament and must be sworn into office within five days

The President of the Constitutional Court presides over the President’s election or designates another judge to do so. If the Presidency is empty, then the Constitutional Court President must set a date within 30 days in which the position will be filled.

Duration of the Presidency

A person may serve as President for no more than two terms. Appointments as acting President are not included in this period.

Removal of the President

If the President is found to have seriously violated the Constitution or the law, or has been engaged in serious misconduct or is unable to perform his/her duties, the National Assembly may remove him/her from the position of President. Such a resolution would have to be adopted with a two thirds majority - that is two thirds of all of the Members of Parliament would have to agree to this.

On the other hand, a motion of no confidence in the President (that is, a proposal that s/he is not governing the country satisfactorily) requires only a majority vote (over 50% of all Members) by the National Assembly. If this was successful, the President, Deputy President and the entire Cabinet, as well as the Deputy Ministers, would have to resign.

Once a President has been removed from office, the National Assembly must elect a new President within thirty days of the vacancy occurring. If this does not happen, the Acting President must dissolve the National Assembly and elections must take place.

Acting President

If the President is out of the country or unable to perform his/her duties, the following people, in order of priority, are required to serve as acting President:

the Deputy President

a Minister designated by the President

a Minister designated by the Cabinet

the Speaker of the National Assembly until it elects one of its Members of Parliament.

Powers and functions of the President

The President is responsible for  

appointing the Cabinet;

appointing judges after consulting with the Judicial Services Commission;

appointing the Public Protector, the Auditor-General and members of the various Commissions on the recommendation of Parliament;

appointing the Military Command of the Defence Force;

appointing commissions of inquiry;

assenting to and signing Bills passed by Parliament so that they can become laws, or referring Bills back to the National Assembly or to the Constitutional Court if there are concerns over their constitutionality;

calling special sittings of the Houses of Parliament;

calling a national referendum;

receiving foreign diplomats;

designating South Africa’s representatives abroad;

conferring honours;

pardoning or reprieving offenders; and

declaring a "state of national defence" with the approval of Parliament.

Responsibilities of Ministers

The President allocates specific responsibilities known as a "portfolios" to each Minister to supervise. Currently there are 26 portfolios. These are:

1. Agriculture and Land Affairs
2. Arts, Culture, Science and Technology
3. Communications
4. Correctional Services
5. Defence
6. Education
7. Environmental Affairs and Tourism
8. Finance
9. Foreign Affairs
10. Health
11. Home Affairs
12. Housing
13. Intelligence
14. Justice and Constitutional Development
15. Labour
16. Minerals and Energy Affairs
17. Provincial and Local Government
18. Public Enterprises
19. Public Service and Administration  
20. Water Affairs and Forestry
21. Welfare and Population Development.