Executive Authority: The President and National Assembly

  • Appointment of the President

    • The president is appointed by the National Assembly.
    • To be appointed, the president must be a member of the National Assembly (NA).
    • Example: ANC's candidate list had President Rabaulozzo as the top candidate to ensure eligibility.
    • During the first sitting of the National Assembly, members elect the president, who then ceases to be a member of the National Assembly but can attend meetings and votes without voting rights.

  • Presidential Powers

    • The president exclusively elects the ministers.
    • The president has the authority to reshuffle the cabinet, which includes appointing or removing ministers.
    • Most cabinet ministers must be from the National Assembly (all but two), allowing them to participate in voting.

  • Election of the President by National Assembly

    • Typically, the president comes from the majority party within the National Assembly (often the same party that won the most seats).
    • The ANC historically received a significant majority (>50%), making presidential elections straightforward.
    • In absence of a party with >50%, complications arise regarding who can be elected as president.

  • Coalition Governments

    • If no party holds >50% of the seats, parties may form coalitions to achieve this majority.
    • Example scenario:
    • DA with 30% + EFF with 20% = coalition government with 50%.
    • CAC and EFF could also potentially team up for a 60% government.
    • Coalition agreements require parties to negotiate and ensure cooperation between differing ideologies.

  • Challenges with Coalitions

    • More representation in government, but differing party ideologies could make governance difficult.
    • Possibility of deadlock and breakdown of coalition agreements, leading to the need for new elections for a president and ministers.
    • Majority party may not be included in executive authority in a coalition (e.g., EFF and DA excluding ANC despite ANC having majority).

  • Minority Governments

    • An option if no coalition can achieve >50% is for one party to gain support from others to elect their president without formal coalition agreements.
    • This situation often leads to instability and reliance on support from other parties for key decisions, making it vulnerable to removal through motions of no confidence.

  • Vacancies in the Presidency

    • If the president resigns, is removed, or passes away, a new president must be elected within 30 days.
    • The deputy president usually assumes the presidency in the interim.

  • Presidential Term Limits

    • A president may serve a maximum of two full terms (10 years total).
    • Partial terms filling a vacancy do not count towards these two terms.
    • Example: President Ramaphosa elected after Zuma's resignation in 2018 did not count for a full term as elections were held in 2019.

Conclusion

  • Understanding the election process, the potential for coalitions, the role of the National Assembly, and the implications of presidential term limits are crucial in governance.
  • The dynamics between parties can significantly affect the stability and effectiveness of government in achieving representation and executing authority.