Provincial legislature (South Africa)
Encyclopedia
In South Africa
, a provincial legislature is the legislative branch of the government
of a province
. The provincial legislatures are unicameral and vary in size from 30 to 80 members depending on the population of the province. Each legislature is chaired by a Speaker
and a Deputy Speaker.
) but could not appoint or remove the Administrator (the executive head) of the province. The Administrators were chosen by the Governor-General (before 1961) or the State President
(after 1961). The provincial councils' legislative powers were also strictly limited to specific topics. In 1986 the national Parliament abolished the provincial councils entirely, instead allowing the State President to appoint the whole executive council.
The current provincial legislatures were established by the 1993 Interim Constitution of South Africa upon the creation of the new nine provinces. The 1993 Constitution came into effect (and the provinces came into existence) on 27 April 1994; the election on the same day
elected the first provincial legislatures. For the most part, the provincial legislatures have been controlled by the African National Congress
. The exceptions are the KwaZulu-Natal Legislature
, which was controlled by the Inkatha Freedom Party
from 1994 to 2004; and the Western Cape Provincial Parliament
, which was controlled by the (New) National Party from 1994 to 2004 (sometimes in coalition with the Democratic Party
) and since 2009 has been controlled by the Democratic Alliance.
with a closed list
, using the largest remainder method
with the Droop quota
to allocate any surplus. The usual term of a provincial legislature is five years. Elections are run by the Independent Electoral Commission
, and have been held in 1994
, 1999
, 2004
and 2009
. Although it is not constitutionally required, thus far all the elections have been held simultaneously with elections to the National Assembly.
A provincial legislature may also enact a constitution for that province, if two-thirds of the members vote in favour. The powers of the provincial legislature are bound only by the national constitution and the provincial constitution (if one exists).
The provincial legislature of a province chooses the Premier
, the head of the provincial executive. The legislature can force the Premier to resign by passing a motion of no confidence
, or remove them for misconduct or inability. Although the Executive Council
(cabinet) is chosen by the Premier, the legislature may pass a motion of no confidence to force the Premier to reconstitute the Council. A provincial legislature also appoints that province's delegates to the National Council of Provinces
, allocating delegates to parties in proportion to the number of seats each party holds in the legislature.
.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, a provincial legislature is the legislative branch of the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
of a province
Provinces of South Africa
South Africa is currently divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, also known as Bantustans, were reintegrated and the four existing provinces were divided into nine. The twelfth, thirteenth and sixteenth amendments to the constitution...
. The provincial legislatures are unicameral and vary in size from 30 to 80 members depending on the population of the province. Each legislature is chaired by a Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
and a Deputy Speaker.
History
The original four provinces of South Africa (the provinces that existed from 1910 to 1994) had "provincial councils" elected by the white population of the provinces. The provincial councils were weak; they appointed an executive council (a provincial cabinetCabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
) but could not appoint or remove the Administrator (the executive head) of the province. The Administrators were chosen by the Governor-General (before 1961) or the State President
State President of South Africa
State President, or Staatspresident in Afrikaans, was the title of South Africa's head of state from 1961 to 1994. The office was established when the country became a republic in 1961, and Queen Elizabeth II ceased to be head of state...
(after 1961). The provincial councils' legislative powers were also strictly limited to specific topics. In 1986 the national Parliament abolished the provincial councils entirely, instead allowing the State President to appoint the whole executive council.
The current provincial legislatures were established by the 1993 Interim Constitution of South Africa upon the creation of the new nine provinces. The 1993 Constitution came into effect (and the provinces came into existence) on 27 April 1994; the election on the same day
South African general election, 1994
The South African general election of 1994 was an election held in South Africa to mark the end of apartheid, therefore also the first held with universal adult suffrage. The election was conducted under the direction of the Independent Electoral Commission .Millions queued in lines over a three...
elected the first provincial legislatures. For the most part, the provincial legislatures have been controlled by the African National Congress
African National Congress
The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a...
. The exceptions are the KwaZulu-Natal Legislature
KwaZulu-Natal Legislature
The KwaZulu-Natal Legislature is the primary legislative body of the South African province of KwaZulu-Natal. It is unicameral in its composition, and elects the premier and the provincial cabinet from among the members of the leading party or coalition in the parliament.-Officers:* Speaker - N.P...
, which was controlled by the Inkatha Freedom Party
Inkatha Freedom Party
The Inkatha Freedom Party is a political party in South Africa. Since its founding, it has been led by Mangosuthu Buthelezi. It is currently the fourth largest party in the National Assembly of South Africa.-History:...
from 1994 to 2004; and the Western Cape Provincial Parliament
Western Cape Provincial Parliament
The Western Cape Provincial Parliament is the legislature of the Western Cape province of South Africa. It is located in the Provincial Government Building at 7 Wale Street, Cape Town....
, which was controlled by the (New) National Party from 1994 to 2004 (sometimes in coalition with the Democratic Party
Democratic Party (South Africa)
The Democratic Party was the name of the South African political party now called the Democratic Alliance . Although the Democratic Party name dates from 1989, the party existed under other labels throughout the Apartheid years, when it was the Parliamentary opposition to the ruling National...
) and since 2009 has been controlled by the Democratic Alliance.
Election
The Members of the Provincial Legislature (MPLs) are elected by party-list proportional representationParty-list proportional representation
Party-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...
with a closed list
Closed list
Closed list describes the variant of party-list proportional representation where voters can only vote for political parties as a whole and thus have no influence on the party-supplied order in which party candidates are elected...
, using the largest remainder method
Largest remainder method
The largest remainder method is one way of allocating seats proportionally for representative assemblies with party list voting systems...
with the Droop quota
Droop Quota
The Droop quota is the quota most commonly used in elections held under the Single Transferable Vote system. It is also sometimes used in elections held under the largest remainder method of party-list proportional representation . In an STV election the quota is the minimum number of votes a...
to allocate any surplus. The usual term of a provincial legislature is five years. Elections are run by the Independent Electoral Commission
Independent Electoral Commission (South Africa)
The Independent Electoral Commission is South Africa's independent election management body. It manages elections to the National Assembly, the provincial legislatures and the municipal councils....
, and have been held in 1994
South African general election, 1994
The South African general election of 1994 was an election held in South Africa to mark the end of apartheid, therefore also the first held with universal adult suffrage. The election was conducted under the direction of the Independent Electoral Commission .Millions queued in lines over a three...
, 1999
South African general election, 1999
South Africa's second non-racial general election, held on 2 June 1999 was won by the African National Congress , who increased their number of seats by 14. Notable was the sharp decline of the New National Party, previously the National Party , who without former president F.W. de Klerk lost more...
, 2004
South African general election, 2004
Legislative elections were held in South Africa on Wednesday, 14 April 2004. The African National Congress of President Thabo Mbeki, which came to power after the end of the apartheid system in 1994, was re-elected with an increased majority....
and 2009
South African general election, 2009
South Africa held national and provincial elections to elect a new National Assembly as well as the provincial legislature in each province on 22 April 2009....
. Although it is not constitutionally required, thus far all the elections have been held simultaneously with elections to the National Assembly.
Powers
The legislature has the power to pass legislation in various fields enumerated in the national constitution; in some fields the legislative power is shared with the national parliament, while in others it is reserved to the province. The fields include such matters as health, education (except universities), agriculture, housing, environmental protection, and development planning. In fields outside the power of a provincial legislature, it may recommend legislation to the National Assembly.A provincial legislature may also enact a constitution for that province, if two-thirds of the members vote in favour. The powers of the provincial legislature are bound only by the national constitution and the provincial constitution (if one exists).
The provincial legislature of a province chooses the Premier
Premier (South Africa)
In South Africa, a Premier is the head of government of one of South Africa's nine provinces. The Premier of a province plays for that province a role similar to that played by the President for the country as a whole.-Election:...
, the head of the provincial executive. The legislature can force the Premier to resign by passing a motion of no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
, or remove them for misconduct or inability. Although the Executive Council
Executive Council (South Africa)
In South Africa, the Executive Council of a province is the cabinet-equivalent in the provincial government. The Executive Council consists of the Premier and five to ten other members, who have the title "Member of the Executive Council", commonly abbreviated to "MEC".MECs are appointed by the...
(cabinet) is chosen by the Premier, the legislature may pass a motion of no confidence to force the Premier to reconstitute the Council. A provincial legislature also appoints that province's delegates to the National Council of Provinces
National Council of Provinces
The National Council of Provinces is the upper house of the Parliament of South Africa under the constitution which came into full effect in 1997...
, allocating delegates to parties in proportion to the number of seats each party holds in the legislature.
List of provincial legislatures
This list shows nine provincial legislatures and their party composition after the elections of 2009South African general election, 2009
South Africa held national and provincial elections to elect a new National Assembly as well as the provincial legislature in each province on 22 April 2009....
.
| Legislature | Seats | |||||
|---|---|---|---|---|---|---|
| ANC African National Congress The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a... |
DA | COPE | IFP Inkatha Freedom Party The Inkatha Freedom Party is a political party in South Africa. Since its founding, it has been led by Mangosuthu Buthelezi. It is currently the fourth largest party in the National Assembly of South Africa.-History:... |
Others | Total | |
| Eastern Cape Provincial Legislature Eastern Cape Provincial Legislature The Eastern Cape Provincial Legislature is the primary legislative body of the South African province of Eastern Cape. It is unicameral in its composition, and elects the premier and the provincial cabinet from among the members of the leading party or coalition in the parliament.-Officers:*... |
44 | 6 | 9 | 0 | 4 | 63 |
| Free State Legislature | 22 | 3 | 4 | 0 | 1 | 30 |
| Gauteng Provincial Legislature | 47 | 16 | 6 | 1 | 3 | 73 |
| KwaZulu-Natal Legislature KwaZulu-Natal Legislature The KwaZulu-Natal Legislature is the primary legislative body of the South African province of KwaZulu-Natal. It is unicameral in its composition, and elects the premier and the provincial cabinet from among the members of the leading party or coalition in the parliament.-Officers:* Speaker - N.P... |
51 | 7 | 1 | 18 | 3 | 80 |
| Limpopo Provincial Legislature Limpopo Provincial Legislature The Limpopo Provincial Legislature is the primary legislative body of the South African province of Limpopo. It is unicameral in its composition, and elects the premier and the provincial cabinet from among the members of the leading party or coalition in the parliament.-Officers:* Speaker - Hon... |
43 | 2 | 4 | 0 | 0 | 49 |
| Mpumalanga Provincial Legislature | 27 | 2 | 1 | 0 | 0 | 30 |
| North West Provincial Legislature | 25 | 3 | 3 | 0 | 2 | 33 |
| Northern Cape Provincial Legislature | 19 | 4 | 5 | 0 | 2 | 30 |
| Western Cape Provincial Parliament Western Cape Provincial Parliament The Western Cape Provincial Parliament is the legislature of the Western Cape province of South Africa. It is located in the Provincial Government Building at 7 Wale Street, Cape Town.... |
14 | 22 | 3 | 0 | 3 | 42 |