CHAPTER 12 - THE PRESIDENT + THE NATIONAL
EXECUTIVE AUTHORITY
Friday, 11 June 2021 11:03
INTRODUCTION
- Government Authority: divided into legislative, executive and judicial
○ State authority is exercised by different bodies
- Executive Authority (EA): the power/authority to implement and execute rules of law, to develop and implemen
policies and to prepare and initiate new legislative provisions - Sec 85(2)(a)-(e)
○ EA - bound by law + can create law (subordinate legislation)
○ EA - responsibility to plan, co-ordinate + manage activities of state
- National Executive Authority: power to execute the rules of law at national level throughout the whole territory
of SA
○ National Executive Authority = vested in the President
NATIONAL EXECUTIVE BODIES
i. President
ii. Ministers
iii. Cabinet
iv. Other public servants or officials (within the public administration that execute the policies of gov)
- Public administration: describes the activities of all organs of state, all administrators at all levels and all public
enterprises (section 195)
THE PRESIDENT OF RSA
- Highest executive body (organ of state) in the State
- SA President is both the head of state (HoS) and the head of government (HoG)
, - True presidential system: (USA) no distinction between HoS and HoG (integrated into one person)
- In SA, the President is elected by the legislature/NA and the term is linked to the term of Parliament (5 years)
THE ELECTION OF A PRESIDENT
- SA Constitution prescribes the procedure for the election of a President in section 86
- C creates an exclusive Presidency
- The Pres is elected by the members of the NA but must vacate their seat in NA when assuming office
- Although the Pres remains a member of their political party, they are somewhat detached in order to fulfil the
duty of President
- If no party obtains majority, a coalition government is formed (Western Cape)
- Schedule 3 of C sets out the election procedures (ss 1-9)
EXECUTIVE AUTHORITY
Friday, 11 June 2021 11:03
INTRODUCTION
- Government Authority: divided into legislative, executive and judicial
○ State authority is exercised by different bodies
- Executive Authority (EA): the power/authority to implement and execute rules of law, to develop and implemen
policies and to prepare and initiate new legislative provisions - Sec 85(2)(a)-(e)
○ EA - bound by law + can create law (subordinate legislation)
○ EA - responsibility to plan, co-ordinate + manage activities of state
- National Executive Authority: power to execute the rules of law at national level throughout the whole territory
of SA
○ National Executive Authority = vested in the President
NATIONAL EXECUTIVE BODIES
i. President
ii. Ministers
iii. Cabinet
iv. Other public servants or officials (within the public administration that execute the policies of gov)
- Public administration: describes the activities of all organs of state, all administrators at all levels and all public
enterprises (section 195)
THE PRESIDENT OF RSA
- Highest executive body (organ of state) in the State
- SA President is both the head of state (HoS) and the head of government (HoG)
, - True presidential system: (USA) no distinction between HoS and HoG (integrated into one person)
- In SA, the President is elected by the legislature/NA and the term is linked to the term of Parliament (5 years)
THE ELECTION OF A PRESIDENT
- SA Constitution prescribes the procedure for the election of a President in section 86
- C creates an exclusive Presidency
- The Pres is elected by the members of the NA but must vacate their seat in NA when assuming office
- Although the Pres remains a member of their political party, they are somewhat detached in order to fulfil the
duty of President
- If no party obtains majority, a coalition government is formed (Western Cape)
- Schedule 3 of C sets out the election procedures (ss 1-9)
