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
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