South Africa

C

Judiciary

South African courts are independent, subject only to the constitution and the law. The Constitutional Court, located in Johannesburg, rules on constitutional matters. It is composed of a president and ten justices, six of whom are appointed by the president on the advice of the Judicial Service Commission (an advisory body for national and provincial judicial matters). The other four justices are appointed by the president from among the judges of the Supreme Court in consultation with the chief justice.

The Supreme Court of Appeal, situated in Bloemfontein, is the highest court in all but constitutional matters. It is composed of a chief justice and a number of judges of appeal. Below the Supreme Court of Appeals are High Courts and Magistrates’ Courts. Black South Africans may choose to bring civil claims based on indigenous law and custom to a local chief’s court, with subsequent right of appeal in one of the Magistrate’s Courts.

D

Provincial and Local Government

South Africa is divided into nine provinces. These provinces are Gauteng, Limpopo Province (formerly Northern Province), Mpumalanga, North-West Province, Free State, Eastern Cape, Northern Cape, Western Cape, and KwaZulu-Natal.

Until 1994 South Africa was divided into four provinces (Cape Province, Natal, Orange Free State, and Transvaal) and ten bantustans, including four that had been declared independent (Transkei, Venda, Bophuthatswana, and Ciskei). The bantustans were dissolved and reincorporated into South Africa when the interim constitution took effect in 1994.

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Provincial assemblies are elected by proportional representation and vary in size from 30 to 80 members, according to population. Each province has a premier, elected by the provincial assembly, who presides over an executive council of no more than 10 members. Matters of exclusive provincial control under the constitution include various planning, cultural, sporting, and recreational matters. A much longer list of more important business, including agriculture, education, housing, police (in part), tourism, regional planning, urban and rural development, and welfare services, are areas of joint national and provincial control.

At the local level, the country is divided into metropolitan municipalities, district municipalities, and local municipalities, each governed by an elected municipal council.

E

Political Parties

The dominant South African political party is the African National Congress (ANC). Major opposition parties include the Democratic Alliance and the Inkatha Freedom Party. Other opposition parties include the United Democratic Movement, Independent Democrats, African Christian Democratic Party, and Freedom Front Plus.

The ANC, founded in 1912, spearheaded the liberation struggle against apartheid. Nelson Mandela led the ANC from the early 1950s until the late 1990s. The ANC was based within the country until it was banned in 1960 and forced to operate from outside South Africa. As a broad coalition of interests and a liberation movement, its membership overlapped substantially with the South African Communist Party (SACP, founded in 1921 as the Communist Party of South Africa). The ANC entered the 1994 elections in alliance with the SACP and the main trade union federation, COSATU. In the 1994 election the ANC won the support of most black constituents, except in KwaZulu-Natal, and about one-third of Asian and Coloured votes, but few white votes. The ANC has dominated each subsequent legislative election. Its policies are nonracial and seek to redress the injustices of the apartheid years.

The Democratic Party (DP), founded in 1989, was the successor to the relatively liberal white traditions of the earlier Progressive Party. The DP played an important mediating role in the negotiations leading to agreement on the interim constitution. Support for the DP increased markedly prior to the 1999 elections. The DP joined forces with several other parties in 2000 to form a coalition called the Democratic Alliance.

The Inkatha Freedom Party, founded in 1975, is an ethnically based party commanding the support of most Zulu in KwaZulu-Natal. It is more conservative on most issues than the ANC and seeks to maximize provincial power.

F

Health and Social Services

The right to adequate health care has been enshrined in the constitution, but provision represents a major challenge. Private health facilities can meet the demands of those who can afford to pay, although the cost of hospitalization, treatment, and medical aid subscriptions is soaring. For the majority who cannot afford to pay, current government plans emphasize primary health care that provides a comprehensive package of health-care services. Payment for treatment in provincial hospitals is based on a patient’s financial means. A proposed national health insurance program is being developed for the first time. Since 1994 free health treatment has been available to children under six years old and some mothers before and after birth.

South Africa’s infant mortality rate is very high for a country with its level of income. In 2007 the rate was 59 deaths per 1,000 live births. This figure conceals great differences between racial groups because the white figure is less than one-fifth the national average.

Acquired immunodeficiency syndrome (AIDS) has become a problem of epidemic proportions in South Africa. In 2005 an estimated 5,300,000 South Africans were infected with the human immunodeficiency virus (HIV) that causes AIDS. Tuberculosis (TB), malaria, and measles are also prevalent diseases. Much of the black and Coloured population suffers high incidences of TB, measles, and other infectious and contagious diseases such as gastroenteritis and respiratory infections. Malaria is endemic in the low-altitude areas of Limpopo Province, Mpumalanga, and eastern KwaZulu-Natal. For whites the main causes of death are stroke, heart disease, and cancer.

Social welfare services are provided by government agencies and the private sector, sometimes working in cooperation. Private sector initiatives like Operation Hunger and child welfare societies make a major contribution. The government proposes to create a more integrated welfare system that will harness state and private sector resources more effectively. It is committed to affirmative action to address inherited racial inequalities. Children are a particular focus, with programs under way to resolve the plight of homeless street children and legislate against child abuse and child labor.

G

Defense

South Africa’s armed forces answer to the elected parliament and executive civilian authorities. The South African National Defense Force (SANDF) in 2004 included an army of 36,000 soldiers, an air force of 9,250, and a navy of 4,500 personnel. The army experienced major restructuring after the end of apartheid, as seven separate military forces were integrated into one.

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