President of South Africa
The president of the Republic of South Africa is the head of state, head of government of South Africa and the commander-in-chief of the South African National Defence Force under the Constitution of South Africa. From 1961 to 1994, the head of state was called the state president.
The president is elected by the National Assembly, the lower house of Parliament, and is usually the leader of the largest party, which has been the African National Congress since the first non-racial elections were held on 27 April 1994. The Constitution limits the president's time in office to two five-year terms. The first president to be elected under the new constitution was Nelson Mandela. The incumbent is Cyril Ramaphosa, who was elected by the National Assembly on 15 February 2018 following the resignation of Jacob Zuma.
Under the interim constitution, there was a Government of National Unity, in which a member of Parliament from the largest opposition party was entitled to a position as Deputy President. Along with Thabo Mbeki, the last state president, F. W. de Klerk also served as Deputy President, in his capacity as the leader of the National Party which was the second-largest party in the new Parliament. But De Klerk later resigned and went into opposition with his party. A voluntary coalition government continues to exist under the new constitution, although there have been no appointments of opposition politicians to the post of Deputy President.
The president is required to be a member of the National Assembly at the time of his election. Upon his election, he immediately resigns his seat for the duration of his term. The president may be removed either by a motion of no-confidence or an impeachment trial.
Origins
The office of the president, and the roles that come with it, were established by Chapter Five of the Constitution of South Africa which was formed by a Constituent Assembly upon the dissolution of apartheid as state policy.A number of manifestations of the office have existed. Aspects of these offices exist within the presidency today. The executive leadership of the British colonies of Natal and of the Cape of Good Hope were invested in their Governors, likewise was invested in the presidents of the Boer republics of the Transvaal and the Orange Free State. Alternating sovereignty as a result of wars culminated in the Vereeniging Treaty signed in which concluded the South African War.
The Union of South Africa, a British Dominion, was established on 31 May 1910 with the British monarch as titular head of state, represented by a viceroy, the governor-general.
Upon the declaration of the Republic of South Africa on 31 May 1961, the office of State President was created. It was originally a ceremonial post, but became an executive post in 1984 when a new constitution abolished the post of Prime Minister and transferred its powers to the state president.
Electoral system
South Africa has a distinctive system for the election of its president. Unlike other former British colonies and dominions who have adopted a parliamentary republican form of government and those that follow the Westminster system, South Africa's president is both head of state and head of government and commander-in-chief of the South African National Defence Force. Contrary to presidential systems around the world, the president of South Africa is elected by the Parliament of South Africa rather than by the people directly. He is thus answerable to it in theory and able to influence legislation in practice as head of the majority party.The president is elected at the first sitting of Parliament after an election, and whenever a vacancy arises. The president is elected by the National Assembly, the lower house of parliament, from among its members. The chief justice must oversee the election. Once elected, a person is no longer a member of the National Assembly. They must then be sworn in as President within five days of the election. Should a vacancy arise, the date of a new election must be set by the chief justice, but not more than 30 days after the vacancy occurs.
The Constitution has thus prescribed a system combining both parliamentary and presidential systems in a unique manner. Only Botswana and a few other countries use a similar system. Between 1996 and 2003 Israel combined the two systems in an opposite way, with direct elections for the post of prime minister.
Although the presidency is the key institution, it is hedged about with numerous checks and balances that prevent its total dominance over the government, as was the case in many African countries. The presidential term is five years, with a limit of two terms. Thus the electoral system attempts to prevent the accumulation of power in the president as was during Apartheid or in many other African countries.
Succession
According to chapter five of the constitution, the president can only exercise the powers of his or her office while within the Republic of South Africa. Should the president be outside of the country, or unable to fulfil the duties of the office, they may appoint an acting president.The presidential vacancy should be filled first by the deputy president, then cabinet minister selected by the president, then a cabinet minister selected by the cabinet, and finally by the speaker of the National Assembly.
Presidential powers
The president is the head of state, head of government and commander-in-chief of the South African National Defence Force. The rights, responsibilities and remuneration of the president are enumerated in Chapter V of the Constitution of South Africa and subsequent amendments and laws passed by the Parliament of South Africa.The executive powers of the Republic are vested in the president. He appoints various officials to positions listed in the Constitution however the most significant are the ministers and justices of the Supreme Court of Appeal and the Constitutional Court. Through the Cabinet, the president implements and enforces the constitution and laws and enforces his or her political objectives. Judges are appointed on the advice of the Judicial Service Commission.
The president plays a role in the formation of legislation. He or she signs bills into laws and can do the opposite, veto them, refers bills back to Parliament or to the Constitutional Court or can call for a referendum. The president summons parliament, often delivering his or her objectives and agenda in a State of the Nation Address at the beginning of each session.
The president is the commander-in-chief of the South African National Defence Force thereby possessing influence or control over foreign and security policy. He or she is accorded the constitutional powers to declare war and make peace, negotiate and sign treaties, and receives and appoints diplomatic officials, confers honours and grants pardons.