Quick Answers to Questions About the Legislature, Public Participation and Services
The Legislature is the highest law- making body in the Province and consists of 30 Members (MPLs) including members of the Executive. Matters of public importance are debated in the Legislature. Our Constitution provides that the Legislature scrutinize and oversees the work of the Executive including implementation of legislation. This means that the Legislature may monitor, investigate and make recommendations on many aspects of Departmental programmes ranging from Departmental budgets to policy formulation.
In terms of the Constitution the State is made up of three (3) separation arms and that is the Legislature, the Judiciary and the Executive. Separation of Powers refers to these three major institutions of the state that are distinct and functionally independent from one another. The Legislature is responsible for making laws for the Province of Free State as well as playing an oversight role over the Executive. (MEC’s and their departments) The Judiciary is responsible for the administration of justice through the courts which make sure that the laws in the province are not broken and punish those citizens who break the laws. The Executive/ Government is responsible for the effective running of the Province on a day – to day basis. This is done through the establishment of various government departments that administer issues like education, health, welfare, transport, agriculture, housing and other aspects. In performing their executive functions, Members of the Executive Council are collectively and individually accountable to the Legislature. The Legislature, in turn, is accountable to the citizens of this province (electorate/voters).
the Provincial Legislature? Members of the public are welcome to contact the Public Participation, Petitions & Communications Unit of the Free State Legislature in order to obtain more information, arrange tours of the Legislative buildings or even arrange for staff of Public Participation, Petitions & Communications Unit to address schools, communities or meetings on the role, importance and activities of the Legislature.
Legislatures open at the beginning of the year after the State President has addressed the National Parliament in his State of the Nation Address. All other nine Legislatures are then expected to open for the current year. Traditionally, the Free State Legislature is opened by the Premier. Thereafter the Legislature will follow a fixed programme for the rest of the year. There are sittings of the Legislature every month. There is normally a recess towards the middle and towards the end of the year. It is at these sittings that the Legislature debates issues of public importance, poses questions to the Executive; deliberates on policy and Budget Votes of provincial departments and debates and votes on the Bills which are to become laws.
NO, Provincial Parliamentarians only sit in the Provincial Legislature. Members of Provincial Legislature can sit in the National Council of Province (NCOP) as special delegates.
Section 118(1) of the Constitution makes provision for public access and involvement in the Provincial Legislature. It requires that Provincial Legislatures facilitate public involvement in the legislative and other processes of the Legislature and their Committees. It also requires that Legislatures conduct their business in an open manner, and hold their sitting and those of their Committees in public. Democratic government in an open society involves a dialogue between government and its citizens. This means that the Legislature should listen to the views of ordinary citizens to ensure that government addresses the needs and aspirations of the people who elected it into power. This is in keeping with a notion that democracy is “government for the people by the people”
The Legislature is one of the main pillars of governance in the province. It is separated from the Executive (cabinet) in the sense that it plays a monitoring role over the functioning of the provincial government which is headed by the Premier assisted by his/her Provincial MEC’s. The Premier and MEC’s, however, do form part of the Free State Legislature and sit in the House as the Executive Council to account individually and collectively on the functioning of their respective departments that form the provincial government. This is in line with the doctrine of separation of power as provided for in the Constitution.
The Speaker as the political head of the Legislature is the leader of the Free State Legislature. The administrative head of the Legislature is the Secretary who is in charge of the day to day administrative functions of the Legislature.
As a member of the public, the Free State Legislature is accountable to you. Because I have voted for my political party to represent me in the Provincial Legislature, it is my MPLs responsibility to ensure that I am informed of all issues that affect me as a citizen of this province. Provided by a provincial government department or certain things in my community, I can raise that issue with any MPL to look into the matter on my behalf and take it with the relevant MEC.
MPLs are men and women who are elected by members of the public (voters) to represent their communities in the Provincial Legislature. The party that wins the most votes becomes the “Majority Party” and gets the most seats in the House. This means that the majority party gets the chance to govern the province for a period of five years. The Premier normally comes from the Legislature. Other parties represented in the House are known as the “Opposition” while the largest of them is known as the “Official Opposition” party. Opposition parties play a very important role in any democratic country. They have a responsibility to see that government does not abuse its position of power in any way and also to present a different point of view on issues under discussion.
Committees are crucial structures of the Legislature and are made
up of the MPLs. Through Committees bills are scrutinised,
debated and oversight over Provincial Government Departments are performed.
They are regarded as the “engine room” of the Legislature. It
is in Committees that most of the work of the Legislature is done
since there are too many issues that need to be debated by the
Legislature. Committees do all the groundwork required before
matters are referred to the House for final decisions. What most
people do not know is that by the time MPLs speak in the Chamber,
most of the arguments, discussions and decisions would have already been taken in Committees.
In their work, they involve all stakeholders and the public through public
hearings, so that they are able to inform government about what people
say, think or feel on any matter under consideration. Public hearings
conducted by Committees provide an important opportunity for the interest
groups, individuals and organizations to express their opinions and participate
in formulating public policy. At the end of their work, Committee Members
report their findings and recommendations to the House for its consideration.
The Legislature has Standing Committees, Portfolio Committees and Ad–Hoc
Committees.
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In terms of political representation the Free State Legislature comprises of thirty members elected in terms of the tenets of national legislation – meaning, there are thirty seats in the Free State Legislature to be proportionally occupied by thirty elected political party representatives.
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