 What is the Legislature? Welcome to the Civics Academy governance series. In these videos, we explore different aspects of democratic governance and the concept of the separation of powers as one of the key features of democracy. In this video, we look at the legislative branch of government, its responsibility and tasks. Democracies are characterized by the separation of functions and powers between the three branches of government. The legislature, the executive and the judiciary. Each branch checks the power of the other two so that there is a balance of power between them. The legislature is responsible for passing laws and for holding the executive branch of government accountable. The legislative authority in the national sphere of government is vested in parliament, which is a supreme legislative power in the country. At provincial level, the legislature is represented by the provincial legislatures and in the local sphere by the municipal councils. In this video, we will focus on the national level and outline what parliament is and what it does in line with chapter four of our constitution. The South African parliament is situated in Cape Town. It is a place where our elected representatives meet and carry out their work. Our parliament is bicameral. That means that we have two houses of parliament known as the National Assembly and the National Council of Provinces. The National Assembly is made up of 400 representatives from different political parties called Members of Parliament or MPs. South Africans indirectly elect MPs every five years by casting votes for the party of their choice. Seats are then allocated to each party based on the number of votes the party received using the proportional representation system. Each party compiles lists of candidates and MPs are allocated from this list and the order the names are listed. Half of the 400 MPs are selected from national party lists and the other half from provincial lists. A party needs to obtain about 45,000 votes for every MP representing it in the National Assembly. This system allows for smaller parties and therefore minority interests to be represented in our legislature. Soon after the national election, the Chief Justice who is the head of the judiciary swears in the members of the National Assembly. We explain the role and functions of MPs and political parties as well as different aspects of elections in the Civics Academy election series. The second house of parliament is the National Council of Provinces. It came into existence in 1997 and is the body that represents provincial interests at the national level of the legislature. The National Council of Provinces has nine team members. Each of the nine provinces nominates ten delegates to this council. The delegation usually consists of the Premier, three other temporary delegates who can change from time to time and six permanent delegates nominated for the full term of parliament. The party representation in the delegations must proportionally reflect the party representation in the provincial legislatures. Now that we know what parliament is, let's talk about what parliament does. Each house has its own distinct role and functions as set out in the constitution. However, there are also many instances when the two houses act together to conduct joint business. To simplify, we are referring to both houses of parliament here. They have four main functions or areas of jurisdiction. These are 1. The consideration, amendment and passing of draft laws called bills. Bills are usually introduced by the executive but they can also be introduced by MPs and are then discussed in parliamentary committees which may amend provisions and approve them before both houses of parliament vote on whether to pass them. Parliament must ensure that all bills conform to the provisions of the constitution before being passed. Otherwise, a high court can declare the law or parts of it unconstitutional and invalid. If this is confirmed by the constitutional court, the law has no force and effect as if it was never passed. Parliament may also amend the constitution with a two-thirds majority of votes. Furthermore, the constitution requires parliament to allow members of the public to participate in lawmaking processes through written submissions or by giving testimony before parliamentary committees. 2. The election of the president. At its first sitting after the election, the National Assembly elects the president from among its members. The leader of the political party that wins the majority of the seats in the National Assembly is nominated and elected as president. Once elected president, he or she becomes the head of the executive and stops being a member of parliament. 3. Oversight of the executive. Parliament approves the budgets of government departments and has the duty to scrutinise and oversee the work of the executive and to hold cabinet ministers accountable. The various committees of the National Assembly and the National Council of Provinces can call cabinet ministers to appear before them to explain their work and to answer questions about their work. In this way, the committees of the National Assembly and the National Council of Provinces ensure that the members of cabinet do their job properly. The president and his or her cabinet are also required to answer questions in parliament and to defend their budget every year before the National Assembly. 4. Parliament provides a national forum for consideration of important issues. To achieve this goal, political parties table motions that must be debated and voted on. The National Assembly and the National Council of Provinces carry out their duties in different ways. Each house meets in its own plenary session to pass legislation and debate issues. In extraordinary circumstances, the National Assembly and the National Council of Provinces can meet in joint sittings to debate important issues of the day or to listen to important speeches. Beyond these regularly scheduled plenary sessions, the president may at any time summon parliament for an extraordinary sitting. Parliamentary work is done in a number of different committees consisting of smaller groups of members. Committees enable members of parliament to develop expertise and in-depth knowledge of the specific committee's area of responsibility. For example, health, education or foreign policy. Each house has its own committees. Committees are in general proportionally representative of the parties in parliament and headed by a chairperson. They are required to report regularly on their activities and to make recommendations to their house for debate and decision. There are a number of joint committees of the National Assembly and the National Council of Provinces. For example, the annual constitutional review committee. Committee meetings are generally open to the public. Summary The legislature is the representative of the people of South Africa. The 400 plus 90 representatives are given their mandates through regular elections and vote on issues of national importance in parliament. Parliament is responsible for passing laws and for holding the executive branch of government accountable. The power of parliament is limited by the constitution. The judiciary checks the exercise of power by the legislature. Through its work, parliament is tasked to make sure that the interests of the people of South Africa are represented in all their diversity.