Durban — Now that South Africans have cast their votes and they have been tallied, the Parliament of South Africa has mapped out the road to establishing the National Assembly of the seventh democratic Parliament.
Parliament spokesperson Moloto Mothapo said that in democratic countries such as South Africa, Parliament plays an important role in making legislation and holding the government to account. Under a proportional representation electoral system, members of Parliament (MPs) are elected to represent the people of the country and act as their voice. Therefore, Parliament is accountable to the people of South Africa.
Mothapo explained that every five years, South Africans have the opportunity to cast their votes for a new Parliament. Each new five-year Parliament’s term is numbered. For example, in the 1994 elections, people voted for the first democratic Parliament, called the first Parliament. The second Parliament followed after the general elections in 1999, the third Parliament in 2004, the fourth Parliament in 2009, the fifth Parliament in 2014, and the sixth Parliament in 2019.
On Wednesday, May 29, South Africans cast their votes in the country’s seventh non-racial democratic election to determine which political parties and, for the first time, independent candidates will represent them in Parliament and the provincial legislatures. As the legislative authority of our democratic republic, the National Assembly must ensure a government by the people by choosing a president, providing a national forum for public consideration of issues, passing legislation, and exercising oversight over the executive’s actions, Mothapo continued.
He said the National Assembly may be constituted with no less than 350 and no more than 400 members.
Mothapo also explained that the National Assembly is elected for a five-year term under section 49 of the Constitution. When the term expires or the Assembly is dissolved, the president must call an election within 90 days.
“Although the term of this Assembly expired on May 21, it continued to function until the day before the first day of the elections, which was midnight on May 28.”
Mothapo said currently, there is no National Assembly, and the process to establish the new House has commenced.
The road to establishing the National Assembly of the Seventh democratic Parliament:
The handling of election results
The election results must be declared within seven days of an election under section 57 of the Electoral Act. After this, the Electoral Commission of South Africa designates members of the National Assembly. The commission then hands these lists to the Chief Justice of the Republic of South Africa, who then hands them over to Parliament.
The first sitting of the National Assembly
The first sitting of the National Assembly must occur no more than 14 days after election results are declared. The Chief Justice determines and gazettes the date for this sitting. Before members of the National Assembly perform their functions in the Assembly, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, under schedule 2 to the Constitution. After the swearing-in of members, the Chief Justice presides over the election of the Speaker of the National Assembly, who must, in turn, preside over the election of the Deputy Speaker of the National Assembly.
The President is the last to be elected by the House because the Assembly must be duly constituted first to exercise its power to elect the President. The Chief Justice presides over the election of the President.
The rules for the first sittings
The Office of the Chief Justice has officially gazetted the rules for the first sittings of the National Assembly. These rules, as approved by Chief Justice Raymond Zondo on May 27, outline the procedures for the election of key parliamentary and provincial officials, including the president, the Speaker and Deputy Speaker of the National Assembly, and the chairperson and deputy chairpersons of the National Council of Provinces.
The election of the President
The Chief Justice conducts the election of the President, who is chosen among the members of the Assembly. When elected President, a person ceases to be a member of the National Assembly. Within five days, he or she must assume office by swearing or affirming faithfulness to the Republic and obedience to the Constitution at an inauguration ceremony.
The term of the President and Executive
The term of the President and members of the Executive only ends when the new President is sworn into office by the Chief Justice. This is usually during the inauguration ceremony after the National Assembly has elected the President. This is intended to ensure there is no gap in the country’s administration between the election and the assumption of office by the incoming President.
The Opening of Parliament Address
Once the President has assumed office, he or she must appoint the Cabinet. The President, along with the Speaker of the National Assembly and the chairperson of the National Council of Provinces, determines a date for the Opening of Parliament Address (OPA).
According to the new joint rules of Parliament, the OPA is now distinct from the State of the Nation Address (Sona).
The Sona is held annually in February to outline the government’s plans and priorities for the year and report on the state of the nation. The OPA, on the other hand, occurs once every five years, after elections, to announce the new administration’s plans and to mark the beginning of the new five-year parliamentary term.
The OPA is more than a ceremonial occasion – it is a platform where the government’s vision and priorities are presented, setting the tone for the legislative and administrative actions that will follow. It also symbolises the functioning of the new Parliament, reflecting the continuity and stability of governance.
The orientation of new MPs
Newly elected MPs are inducted and oriented through a structured orientation programme. This programme typically includes briefings on parliamentary procedures, ethical guidelines, legislative responsibilities, and administrative processes. The orientation also often involves training sessions on effective communication, law-making, and constituency management, ensuring that new MPs are well prepared to fulfil their roles effectively.
The venue for the first sitting
Parliament is prepared, and all necessary arrangements have been made for establishing the new National Assembly. Comprehensive plans are in place to ensure a seamless transition, including onboarding new MPs. The first sitting and onboarding venue has been secured at the Cape Town International Convention Centre.
Mothapo added that in due course, Parliament will provide the comprehensive process that will be followed in establishing the National Council of Provinces of the seventh democratic Parliament.
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