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Legislative Authority - Coggle Diagram

- - - - National Parliament
        
        Nine provincial legislatures
        
        Municipal Councils
    - - National Assembly
        
        National Council of Provinces – NCOP
  - - - Legislative authority – exercised by Parliament at national level,
      - by provincial legislatures at provincial level and by municipal
      - councils at local govt. level
- - - - 400 members elected by citizens on a party list
        
        Seats- allocated to **political parties proportionate to
        the percentage of votes cast **
        
        ** DISADVANTAGE OF PARTY LIST -no choice between candidates. Only party
        
        Anti-defection clause – s47(3) in interium con.
        
        This meant that members of the Assembly lost their seats if they:
        
        are expelled;
        
        resign; or
        
        defect from the parties that nominated them to the
        Assembly.
        
        The critics or those against the clause argue:
        
        undermines the right to free political activity
        
        Accountability & responsiveness of legislators to the
        electorate is undermined
        
        Forced to listen to party leader or risk seat
        
        goes against accountable, responsive, open, representative and democratic government.
        
        Freedom of expression of the members of the Assembly is curtailed
        
        inhibits members from criticizing the policies & actions of their own part.
        
        ConCourt rejected criticism
        
        Clause strengthens party discipline – deters individual members from voicing strong criticism
        
        Clause prevents political instability & avoids corruption in legislatures
        
        Electoral system is a party list of proportional representation
        1) voters do not vote for individuals members
        2) parties need to be accountable
        3)member resigns from that party on whose list he/she was appointed to the Assembly, it is logical therefore that s/he should forfeit the right to represent
        
        June 2002 – four statutes passed by parliament
        
        change their party allegiances without losing their seats
        
        1) RSA Amendment Act 18 of 2002
        
        15-day period during the second & fourth years after a general election, as well as a once-off 15-day period immediately following the commencement of the legislation – permitting the change of party allegiances without losing their seats
        
        2) Local Government: Municipal Structures Amendment Act 20 of 2002
        
        floor-crossing’ in the local government sphere
        
        complemented Act 1 by removing references to the bar on floor- crossing
        
        3) Constitution of the RSA Second Amendment Act 21 of 2002
        
        4) Loss of Retention of membership of National and Provincial Legislatures Act 22 of 2002
        
        ‘floor-crossing’ in the national & **provincial legislatures**
    - - Chapter 4 of the 1996 Constitution
        - 90 delegates – 10 from each province
        
        province do not have the power to act & vote individually on Bills
        
        province is represented in the Council by a single delegation from each province – each province has only one vote.
        
        2 types of delegates:
        1) permanent
        2) special