This document discusses the concept of Trias Politica, the structure of the South African government, and the roles of different levels of government in South Africa.
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Running head:PUBLIC MANAGEMENT AND GOVERNANCE PUBLIC MANAGEMENT AND GOVERNANCE Name of the Student: Name of the University: Author note:
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1PUBLIC MANAGEMENT AND GOVERNANCE 1) The Trias Politica is identified as division of powers which implies that of one of the important three branches of government is in charge for the sanction of set of laws, the body must not be in charge with their position or with juridical decision making regarding them (Balázs 2016). The Trias Politica has its origin in the 1996 Constitution. However, it is under these grounds that all officials of government along with public institutions are at certain degree charged of some kind of a higher right. For example, the parliament comprises a legally unchallengeable authority to create any kind of laws suitable for the nation in alignment to powers granted by the law while the courts construe the laws and perceive that they have been paid importance (Rogerson 2014). 2) South Africa has been recognized as a constitutional democracy since 1994. On April, 1994, South Africa witnessed its first non-racial democratic election during the peak of intensive multi-party democracy to agree on an interim Constitution. Under apartheid,Parliamentusedtobesovereign,while,inrecenttimes,asystemof constitutionalsupremacytakesintoplace(Parliament.Gov.Za2019).Suchan application has implied that the South African Constitution is the ultimate authority in the land, whereby no other law or government action can overpower its provisions. Reports of authors have revealed that as the supreme law of the nation, the Constitution aligns to the state namely at all levels of the government namely legislative, executive as well as judicial. SouthAfricangovernment is further dividedinto three levels. The national, provincial in addition to local levels of government possess governmental as well as executive authority in their individual areas and are further classified in the Constitution as "distinctive, interdependent as well as interrelated". The Legislative authority has been assigned in Parliament which has been positionedinCapeTown.TheNationalAssemblyhasbeenelectedinorderto represent the citizens and further to guarantee democratic governance (Balázs 2016). It functions its role by electing the President and efficiently offering a public forum for the public deliberation of problems by passing legislation and investigating executive action.
2PUBLIC MANAGEMENT AND GOVERNANCE Furthermore,participating inthelegislativeprocess is recognizedastheNational Council of Provinces, which is a unit formed in order to achieve cooperative governance as well as participatory democracy. 3) The Cabinet or Executive Committee of the South African government primarily coordinatetheformulationofpoliciesandlawsandfurthersupervisesuccessful implementation by the government units. At the national level of executive authority of the South African Government, the President is elected by Parliament and further employsaCabinetofMinisterswhoperformsastheexecutivecommitteeof government and each executives of the Ministry level is recognized as the political chief of a government section (Bilchitz 2018). On the other hand, at the provincial level, the premier has been elected by the Legislature and employs associates of the Executive Council (MECs) to be the supporting chiefs of each provincial section. At this stage, the members of the Executive Council along with the head of state form the Provincial Executive Council (Cabinet). At the local level of executive authority, the whole of South Africa has been separated into local municipalities. According to Cabot-Alletzhauser (2019), the role of the Council is efficiently harmonized by a Mayor who has been selected by the Council. Furthermore, the Mayor is primarily supported by councillors in an Executive Committee primarily chosen by council or a Mayoral Committee primarily elected by the mayor. However, the Mayor in amalgamation with the Executive or Mayoral Committee has the role of supervising the activities of the Municipal Manager as well as department chiefs. However, in few very small municipalities, the cabinet of the South African government forms the administrative which is known as the Plenary Executive(Parliament.Gov.Za 2019). 4) The National Assembly chiefly selects the Speaker,the main office bearer of the Assembly.As the role of the Speaker is viewed to be correspondent in the position to a CabinetMinister,thecandidaterequiresperforminginanunbiasedmannerand protecting all rights of all parties. Furthermore, the primary responsibility of the members of Executive Council is to establish the administrative competence of the provinces. Shah(2017)hasnotedthatifaprovinceshowsincompetenceinexecutingits
3PUBLIC MANAGEMENT AND GOVERNANCE performanceappropriately,nationalgovernmentofSouthAfricaistoacquire accountabilities of the province in order to uphold well established service principles economic agreement or national security or further to stop a province from performing in ways which might negatively impact the interests of another province or the nation. 5) Each municipality at the local sphere of South African government has a council which has the role to pass finances for its municipality each year. Additionally, they must further come to a decision on growth plans as well as service liberation for their municipal area. At the local level, the role of the municipality is performed by the municipal supervision that is supervised by the Municipal Manager in addition to other bureaucrats. The member at this stage is charged for electing for employing employees and organizing them to apply all programmes permitted by council (Katuu 2015). At the provincial level, the South Government has to expand a Provincial Growth and Development Strategy (PGDS) that mentions the generalized structure and plan forefficiently increasing the economy and enhancing its services. Furthermore, the local MEC and Department of Local Government have the role to co-ordinate; supervise as well as sustaining municipalities in each province. The election of level of government is dependent on the capacity of prohibiting unfair discrimination and preserves members of the executive liable, collectively as well as individually.For example, the executive of government functions at an integrated approach to the public and further involves specific service delivery to citizens in such a manner that each province performs on actions in order to attain the demands and needs of people which can be most efficiently applied through proper administration (Cabot-Alletzhauser 2019).
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4PUBLIC MANAGEMENT AND GOVERNANCE References Balázs, Z., 2016.The Principle of the Separation of Powers: A Defense. Lexington Books. Bilchitz, D. (2018).The Evolution of the Separation of Powers: Between the Global North and the Global South. Edward Elgar Publishing, pp.200-288. Bruce,D.,2014.Control,disciplineandpunish?:AddressingcorruptioninSouth Africa.South African Crime Quarterly,48(1), pp.49-62. Cabot-Alletzhauser, A. (2019).Why South Africa needs well-being corporations | IOL PersonalFinance.[online]Iol.co.za.Availableat:https://www.iol.co.za/personal- finance/why-south-africa-needs-well-being-corporations-19792729[Accessed18Mar. 2019]. Katuu,S.,2015.ManagingrecordsinSouthAfrica’spublicsector–areviewof literature.Journal of the South African Society of Archivists,48, pp.1-13. Parliament.Gov.Za. (2019). [online] Available at: https://www.parliament.gov.za/what- parliament-does [Accessed 18 Mar. 2019]. Rogerson, C.M., 2014. Reframing place-based economic development in South Africa: the example of local economic development.Bulletin of Geography. Socio-economic Series,24(24), pp.203-218. Shah, A., 2017. Fostering fiscally responsive and accountable governance: Lessons from decentralization. InEvaluation and Development(pp. 81-107). Routledge.