Chapter 3
Related Sections
1
INTRODUCTION
2
DEMOCRACY
3
The principles of democracy
4
Electoral system and electing a government
5
Local government electoral system
6
PUBLIC PARTICIPATION
7
How can you participate and influence decision-making?
8
Voting in elections
9
Lobbying (campaigning, petitioning)
10
STRUCTURES OF NATIONAL GOVERNMENT AND PUBLIC PARTICIPATION IN THESE STRUCTURES
11
Structures of national government
12
Public participation in the process of making laws and policies at national level
13
STRUCTURES OF PROVINCIAL GOVERNMENT AND PUBLIC PARTICIPATION IN THESE STRUCTURES
14
Structures of provincial government
15
Public participation in the process of making provincial laws and policies
16
STRUCTURES OF LOCAL GOVERNMENT AND PUBLIC PARTICIPATION IN THESE STRUCTURES
17
Structures of municipal councils
18
Ways of participating in local government
19
Mechanisms, procedures and processes for community participation in local government
20
INTER-GOVERNMENTAL RELATIONS AND COOPERATIVE GOVERNANCE
21
Cooperative governance
22
Inter-governmental relations
23
TRADITIONAL LEADERSHIP. GOVERNMENT AND PUBLIC PARTICIPATION
24
The Traditional Khoi-San Leadership Act (No 3 of 2019) (TKLA) 
25
Recognising traditional communities
26
Establishing and recognising traditional councils
27
Functions of traditional councils
28
Partnerships between municipalities and traditional councils
29
Withdrawal of recognition of traditional communities
30
Leadership and removal of traditional leaders
31
Houses of Traditional Leaders
32
Resolving disputes in indigenous and customary law
33
The Commission on Traditional Leadership Disputes and Claims
34
PROBLEMS
35
Problem 1: Lobbying local government
36
CHECKLISTS
37
Checklist: Lobbying
38
Checklist: Making a written or verbal submission

Electoral system and electing a government

The Constitution gives everyone who is a citizen and 18 years or older the right to vote in elections.

The electoral system for the national assembly and provincial legislatures is the proportional representation system and all citizens are entitled to vote if they are registered voters. Voters vote for a party or an independent candidate of their choice.

The local government electoral system is a mixture of proportional representation and constituency system.

South Africa holds national, provincial and local elections every five years and the local government elections usually occur about two years after the national and provincial elections.

Having regular, free and fair elections is one of the cornerstones of democracy. This goes together with other important democratic principles such as the right to vote, to choose which party you want to belong to and the obligation to accept the results of an election.

There are different ways to elect representatives into government, including the system of proportional representation and the constituency-based system. The South African national and provincial elections are based on the system of proportional representation while the local government electoral system is partly based on proportional representation and partly constituency-based. In 2024 the Constitutional Court order that independents must be able to stand for national and provincial elections was implemented.

CHANGES TO THE ELECTORAL ACT IN 2024

In 2024 amendments to the Electoral Act were passed by Parliament to accommodate independent candidates in Provincial Legislatures and Parliament. Three ballots were used and parties received seats according to the percentage of the votes they won. Independents could also compete for a provincial seat or a regional to national seat. 

PROPORTIONAL REPRESENTATION

This means that parties get a certain number of seats in parliament according to the percentage of votes that they get in an election. So, for example, if your party gets 15% of all the votes in the country then it gets 15% of the seats in parliament.

There are 400 seats in the national parliament. So for every 1% of the vote, a party gets 4 seats. The example on the next page shows how seats are allocated for the top three parties that won seats in the 2014 election.

EXAMPLE: NATIONAL ELECTIONS 2014

Party% of the votesNumber of seats
African National Congress62 %247 seats
Democratic Alliance22 %89 seats
Economic Freedom Fighters6 %25 seats
Other small parties (together)7 %39 seats

CONSTITUENCY-BASED ELECTIONS

According to this system, the country is divided into voting areas called constituencies. Each political party chooses one person to represent the party in each constituency. This person is the party’s candidate. Independents can also stand without a party backing them. People in a constituency vote for the candidate of their choice. So, a person only goes to parliament if they get the most votes in that constituency. It is also called   the “first past the post” system and is used for ward councillor elections in South Africa 

For national and provincial elections there are no small constituencies. Each province is in effect a multi-member constituency.