National Cpuncil of Provinces and the Legislator

Topics: United Kingdom, Legislatures, Parliament of the United Kingdom Pages: 5 (1703 words) Published: August 27, 2013
1 introduction
The essay will discuss the Committees of the National Council of Provinces and the National Assembly in terms of its composition, functions as well as the current office bearers. The essay will start by defining the key terms that will be commonly used throughout the entire topic. The national assembly and NCOP is a place where decision considering the country are taken, although their function may differ but in most cases is to make or pass laws for the country in accordance with the Constitution. The essay will be discussing the roles and function given to the Committees of the National Council of Provinces, while looking at the influence of the legislature with its effect to promoting good governance. The essay will then move to discuss the current office bearers. Lastly the essay will make final remarks with a brief conclusion. 2 Definitions of terms

2.1Delegation means the authorization of a delegated body by a delegating authority to act in his/her stead, and in relation to a power includes an instruction to exercise the power, and “delegate” has a corresponding meaning (Ismail & Mphaisha 1997). 2.2Delegated bodying relation to the delegation of a power means the political structure, political office-bearer or employee to whom a power has been delegated in writing by the delegating authority (Ismail & Mphaisha, 1997). 2.3Political office-bearer in relation to the Municipality means the Speaker and the Mayor elected by the Council in accordance with the provisions of the Structures Act (Vil-Nkomo, 1997:53). 2.4Autonomy the decentralised governance model adopted in the Constitution designates specific powers and functions to each sphere of government, which are enjoined to work together “to secure the well-being of the people of the Republic (Constitution of the Republic of South Africa 1996, s.41 (1) (b). 3 STRUCTURE OF GOVERNMENT

According to Ismail & Mphaisha (1997:133) In South Africa, National Government executive authority is placed upon the President who exercises his or her powers together with the other Cabinet Ministers. The legislative authority is also placed in Parliament, which consist of the National Assembly and the National Council of Provinces (NCOP). Parliamentary sittings are open to the public. Parliament must make or pass laws for the country in accordance with the Constitution. National Executive the national executive consists of the President, who is elected by the National Assembly, and Cabinet, the members of which are deployed by the President at his/her own position. The national executive may, in accordance to the terms of section 100 of the Constitution, intervene in provincial affairs by taking appropriate steps to ensure that a province fulfils its stated goals (Ismail & Mphaisha, 1997:133). 4 Joint rules and orders and joint committees

According to Denscombe (1998:23) The National Assembly and the National Council of Provinces must establish a joint rules committee to make rules and orders concerning the joint business of the Assembly and Council, including rules and orders to determine procedures to facilitate the legislative process, including setting a time limit for completing any step in the process; to establish joint committees composed of representatives from both the Assembly and the Council to consider and report on Bills envisaged in sections 74 and 75 those are referred to such a committee; to establish a joint committee to review the Constitution at least annually; and to regulate the business of the joint rules committee; the Mediation Committee; the constitutional review committee; and any joint committees established in terms of paragraph. Cabinet members, members of the National Assembly and delegates to the National Council of Provinces have the same privileges and immunities before a joint committee of the Assembly and the Council as they have before the Assembly or the Council (Denscombe, 1998:23). 5 The national Assembly...

Bibliography: Denscombe, M. 1998. The good research guide for government projects. Buckingham: Open University
Locke, K. 2001. Grounded theory in public management research. Thousand Oaks: Sage Publications.
Mastenbroek, R & Steytler, N 1997 “Local government and development: A new constitutional enterprise” (1) Law, Development and Democracy. Butterworths: Durban
Vil-Nkomo, S. 1997 Meeting the challenges of the new millennium in governance and public sector development. Pretoria: University of Pretoria.
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