Hooo-Hooo Hooo-Hooo Volume 11 Nr 4 - Page 5

Why is SAVA going to the Constitutional Court? The mistake SAVA is going to the Constitutional Court (ConCourt) because this is the only authority that can help SAVA with its members’ interests. This case is not about a conflict with a government department but to correct a mistake that took place while making a law affecting the veterinary profession. The mistake originated in Parliament during the law-making process. Our country’s Constitution Our Constitution is the supreme law of the land agreed by the people’s representatives. It sets out how the state will be created, describes and protects our rights and obligations as citizens and creates institutions to uphold and safeguard our democracy. Democracy refers to government by the people. In a democracy, the right to govern does not vest in a single person but the people. Democracy supposes free political discussion, to accept differences between people, and the right of citizens to take part in political decision-making. South Africa is a constitutional state. How the state is constituted and run? Our Constitution has an essential democratic principle called the separation of powers. That means that the power of the state is divided between three distinct but interdependent components or arms; the executive (Cabinet– government–implements laws), the legislature (Parliament - makes laws) and the judiciary (interprets and states the law). The Executive (Government): The President is the head of state and the national executive. He exercises executive authority together with other members of the Cabinet, the Deputy President and Ministers. The executive develops policy, for example by preparing and initiating legislation which it submits to Parliament for approval. It then implements that policy by running the administration of the country through the different government departments. The executive must account for its actions and policies to Parliament. The legislature (Parliament-lawmaker): The national legislature or Parliament comprises two Houses, the National Assembly and National Council of Provinces, whose members are elected by the people of South Africa. Each House has its distinct functions and power s as set out in the Constitution. The National Assembly chooses the President, passing laws, ensuring the members of the executive do 2017 December 5