Following the successful 2024 National and Provincial Elections held last week Wednesday, plans for the establishment of the country’s seventh democratic Parliament are now in full swing.
Parliamentary Transition: Comprehensive and Seamless
In a statement, Parliamentary spokesperson Moloto Mothapo confirmed that Parliament is fully prepared, with all necessary arrangements in place for establishing the new National Assembly.
“Comprehensive plans are in place to ensure a seamless transition, including onboarding new Members of Parliament,” Mothapo said.
The Democratic Importance of Parliament
Mothapo emphasised that in democratic countries like South Africa, Parliament is essential for making legislation and holding the government accountable.
“Under a proportional representation electoral system, Members of Parliament (MPs) are elected to represent the people of the country and act as their voice. Parliament, therefore, is accountable to the people of South Africa,” he explained.
Historical Perspective and Electoral Process
Every five years, South Africans have the opportunity to cast their votes for a new Parliament. This has occurred in previous elections: 1994 (first democratic Parliament), 1999, 2004, 2009, 2014, and 2019, leading to the inauguration of the seventh democratic Parliament in 2024.
On Wednesday, 29 May, South Africans voted to determine which political parties and, for the first time, independent candidates, will represent them in Parliament and the Provincial Legislatures.
Role and Composition of the National Assembly
Mothapo highlighted the National Assembly’s legislative authority, stating it 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.
He noted that the National Assembly may consist of no fewer than 350 and no more than 400 members.
“The National Assembly is elected for a five-year term according to Section 49 of the Constitution. When the term expires or the Assembly is dissolved, the President must call an election within 90 days,” Mothapo stated.
Although the current Assembly’s term expired on 21 May, it continued to function until the day before the elections on 28 May. The new process to establish the House has commenced.
Handling Election Results
According to Section 57 of the Electoral Act, election results must be declared within seven days after an election. The Independent Electoral Commission designates members of the National Assembly, who are then handed over to the Chief Justice of the Republic of South Africa and subsequently to Parliament.
First Sitting of the National Assembly
The first sitting must occur no more than 14 days after election results are declared, with Chief Justice Raymond Zondo determining and gazetting the date.
Before performing their functions, National Assembly members must swear or affirm faithfulness to the Republic and obedience to the Constitution under Schedule 2 of the Constitution.
“After the swearing-in, the Chief Justice presides over the election of the Speaker of the National Assembly, who presides over the election of the Deputy Speaker,” Mothapo explained.
Rules for Initial Sittings
The Office of the Chief Justice has officially gazetted the rules for the first sittings of the National Assembly, approved by Chief Justice Zondo on 27 May 2024.
These rules outline the procedures for electing 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.
Election of the President
The President, chosen from among the members of the Assembly, is elected by the Chief Justice. Once elected, the President must swear or affirm faithfulness to the Republic and obedience to the Constitution within five days at an inauguration ceremony, ceasing to be a National Assembly member upon election.
Term of the President and Executive
The President and Executive members’ terms end when the new President is sworn into office. This ensures no administration gap between the election and the assumption of office by the incoming President.
Opening of Parliament Address
After assuming office, the President appoints the Cabinet and determines a date for the Opening of Parliament Address with the Speaker of the National Assembly and the Chairperson of the National Council of Provinces.
The Opening of Parliament Address (OPA) is distinct from the State of the Nation Address (SONA). Held every five years after elections, the OPA announces the new administration’s plans and marks the new parliamentary term’s beginning.
“The Opening of Parliament is a platform where the government’s vision and priorities are presented, setting the legislative and administrative actions’ tone. It symbolises the new Parliament’s functioning, reflecting governance continuity and stability,” Mothapo said.
Orientation of New MPs
Newly elected MPs undergo a structured orientation programme, covering parliamentary procedures, ethical guidelines, legislative responsibilities, and administrative processes. The programme ensures new MPs are well-prepared to fulfil their roles effectively.
Venue for the First Sitting
The first sitting and onboarding venue have been secured at the Cape Town International Convention Centre (CTICC).
Mothapo added that Parliament will provide comprehensive details on establishing the National Council of Provinces for the seventh democratic Parliament in due course.
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