Parliament and Cabinet: Friends, Foes or Frenemies?

In many democratic societies, questions of accountability and efficiency are constantly being raised. As the new government begins its term and members of cabinet are appointed, people may wonder: What is the relationship between Parliament and the Cabinet? Does that relationship benefit or harm my rights? The People’s Assembly is here to give you a “run-down” of how the relationship works, and how citizens may ensure that their rights are protected.

According to Chapter 5 § 91 of the Constitution, the President of South Africa has the power to appoint members of Cabinet. Two members may come from outside the National Assembly (NA), but the majority of members must be members from the National Assembly. This system raises a few questions: if the Cabinet comes from the NA, but the President appoints them, are they accountable to the NA or to the President? The answer is in §92 of the Constitution. Members of Cabinet are “collectively and individually” accountable to Parliament. In fact, if the National Assembly finds that the Cabinet has performed poorly, they may pass a “motion of no confidence ” (§102); at which point, the President must dissolve the Cabinet, and place new members in charge. However, the motion may only pass if the NA has a majority vote. Furthermore, if the Assembly decides that the President is misbehaving, the Assembly may, by majority vote, pass “a motion of no confidence in the President.” At this point, the President and the members of the Cabinet must resign.

Summary: Relationship between Parliament, Cabinet and Citizens

So, if the Cabinet is accountable to the National Assembly, and the National Assembly has the power to dissolve the Cabinet, are the National Assembly and Cabinet foes, friends, or frenemies? According to the Constitution, the National Assembly and Cabinet are frenemies. Chapter 5 § 92 states that the Cabinet must report everything to the National Assembly, making the Assembly the enforcer of right and wrong. On the other hand, since Cabinet members come from the National Assembly, and Cabinet members are most likely members of the majority party, the Cabinet and the Assembly are friends who try to further their goals for the nation. However, the 12 other parties in the Assembly balance the relationship between the Cabinet and the Assembly by keeping an interested eye on Cabinet members. An example of this “check-and-balance” was noticeable last year when DA’s Parliamentary Leader, Lindiwe Mazibuko, tabled “a motion of no confidence” in President Jacob Zuma. Although the motion did not pass, the Constitutional Court held that Parliament should amend some of its rules to facilitate discussion when tabling “motions of no confidence.” This event demonstrates that even if the Cabinet has friendly relations with the National Assembly, they are still accountable through debate and constant monitoring.

If the Cabinet and the National Assembly are frenemies, how may citizens uphold their rights? According to Chapter 4 § 59 (1) (a), the National Assembly must “facilitate public involvement in the legislature and other processes of the National Assembly and its committees.” The National Assembly complies with this section by allowing its citizens full access to their congressmen. As such, if citizens feel that Cabinet is not upholding their rights, they can get together and ask their Members of Parliament to act on their behalf to ensure accountability and that their voices get heard.

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By Camila Rodriguez, J.D. Candidate 2016