Question: Read the case study below and answer the questions that follow. PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA Parliament plays a direct and active role

Read the case study below and answer the questions that follow.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

Parliament plays a direct and active role in national affairs. It is the place where the members of Parliament look after

your interests. Members of Parliament (MPs) have many responsibilities, including:

making laws that will improve our lives

discussing and debating government policy and other political issues

consulting with you, the people, and representing your views in Parliament

helping people in their constituencies

approving the budgets of government departments, as presented to Parliament by the Minister of Finance

making sure that the work that government promised to do is being done and

checking that public money is being spent wisely.

Our Constitution lays the foundation for an open society based on democratic values, social justice and fundamental

human rights and is hailed worldwide as very progressive. It is the supreme law of our country and ensures government

by the people under the Constitution. In other words, the Constitution is the highest law of the land and everyone must

act according to its provisions and principles, even Parliament. Because we are a constitutional state, all laws made by

Parliament must pass the test of constitutionality. So Parliament has to ensure at all times that the laws it makes are in

keeping with the letter and spirit of the Constitution. The Constitution is a law agreed by the peoples representatives

that sets out how the state will be constituted and run, our rights and responsibilities as citizens and the creation of

particular institutions to support and safeguard our democracy. A very significant feature of our Constitution is that it

sets up several independent bodies to support and safeguard our democracy.

Our Constitution contains an important democratic principle called the separation of powers. That means that the power

of the state is divided between three different but interdependent components or arms, namely the executive (Cabinet),

the legislature (Parliament) and the judiciary (Courts of law).

The Executive: The President is the head of state and of the national executive. He exercises executive

authority together with other members of the Cabinet, namely the Deputy President and Ministers. The executive

develops policy, for example by preparing and initiating legislation which it submits to Parliament for approval. It

then implements that policy by running the administration of the country by means of the different government

departments. The executive must account for its actions and policies to Parliament.

The legislature (Parliament): The national legislature or Parliament consists of two Houses, the National

Assembly and National Council of Provinces, whose members are elected by the people of South Africa. Each

House has its own distinct functions and powers, as set out in the Constitution. The National Assembly is

responsible for choosing the President, passing laws, ensuring that the members of the executive perform their

work properly and providing a forum where the representatives of the people can publicly debate issues. The

National Council of Provinces is also involved in the law-making process and provides a forum for debate on

issues affecting the provinces. Its main focus is ensuring that provincial interests are taken into account in the

national sphere of government. In specific cases, local government representatives also participate in debates in

the National Council of Provinces.

The Judiciary: The judiciary is made up of the courts, such as the Constitutional Court, the Supreme Court of

Appeal, High Courts, Magistrates Courts and other courts established or recognised through an Act of Parliament.

The head of the Constitutional Court is also the Chief Justice of South Africa. The Constitution states that the

courts must be independent and act impartially. Organs of state such as Parliament and the executive must assist

and protect the courts in order to ensure their independence, impartiality, dignity, accessibility and effectiveness.

Before its transition to a democratic, constitutional state, South Africa was known as a country in which the rights and

freedoms of the majority of people were denied. To prevent this from ever happening again, our Constitution contains a

Bill of Rights which can only be changed if two thirds of the members of the National Assembly and six of the nine

provinces in the National Council of Provinces agree to such a change. The rights in the Bill of Rights form the

cornerstone of our democracy. An obligation is also placed on the state to respect, protect, promote and fulfil these

rights. Some of the rights enshrined in the Bill of Rights are the right to life, equality, human dignity, freedom ofexpression, freedom of religion, freedom of association, political rights and the right to peaceful assembly and

demonstration. These are normal rights that are guaranteed in most democratic countries because they ensure

democracy and freedom. The Bill of Rights also contains socio economic rights. In South Africa, where a large part of

the struggle for freedom was about improving the lives of people, these rights are important. They place a duty on the

government to address the problems that people experience when it comes to education, health services, water and

housing. The last group of rights included in the Bill of Rights is often the reason our Constitution is described as very

modern and advanced. These rights include the right to the environment being protected, even for future generations,

the right of access to information and the right to fair administrative action. The citizens of South Africa are even

guaranteed the right to an efficient administration.

Government priorities

The NDP sets out a long-term vision for the country and is the programme through which South Africa aims to advance

radical economic transformation through development planning. Governments 2019 2024 Medium Term Strategic

Framework outlines the priorities to be implemented in the Sixth Administration and the interventions required across

South Africas national development pillars. The seven priorities include Economic transformation and job creation

Education, skills and health Consolidating the social wage through reliable and quality basic services Spatial

integration, human settlements and local government Social cohesion and safe communities A capable, ethical and

developmental state and a better Africa and World. Transforming South Africa into a developmental state

requires building critical and necessary capabilities to foster an environment, which mobilises government and non

government contributions to realise changes in the socio-economic structure and the culture of society. Over the

medium term, government will prioritise engagement between the leadership of the executive, legislature and judiciary

on strengthening governance and accountability. During this period, government further commits to manage

the political administrative interface more effectively, reduce the levels of fraud and corruption in the private and public

sectors, and rationalise the Public Service Governance System.

Source:

https://www.parliament.gov.za/about

parliament#:~:text=Our%20Constitution%20contains%20an%20important,judiciary%20(Courts%20of%20law).

Answer ALL the questions in this section.

QUESTION ONE

(25 Marks)

The judicial arm/branch of government is responsible for holding the other branches accountable for their

actions. Elaborate on how the judicial does this.

QUESTION TWO

(25 Marks)

Discuss the social and economic development responsibilities of the South African government. Support

your discussion by providing examples.

QUESTION THREE

(25 Marks)

Corruption and unethical conduct are evils which have caused havoc in the socio economic development of

societies. Also sources of corruption are similar in all public administrative settings. With this in mind,

identify what the various types and causes of corruption are and elaborate further on how corruption can be

prevented in public sector organisations.

QUESTION FOUR

(25 Marks)

Report in detail how the South African Human Rights Commission supports and protects constitutional

democracy in South Africa?

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