While the public waits for President Cyril Ramaphosa to announce a new cabinet, the government continues to operate.
This is all thanks to the chiefs of each ministry. The political executive of the 6th government ceased to exist when President Ramaphosa was sworn in in Pretoria last Wednesday.
SABC News highlights the various arrangements being put in place to ensure a smooth transition of government operations.
According to the constitution, after the dissolution of Parliament, the government continues to function until the next National Assembly elections, which will elect a new president, who will then appoint a new cabinet.
South Africa is currently without a cabinet since President Ramaphosa was sworn in on Wednesday.
Professor Mashpiye Maselmulle of the Tshwane University of Technology explains.
“The Constitution states that the executive power of the Republic is vested in the President, but the President exercises that power in consultation with the Ministers who make up the Cabinet, which at present have no Ministers. Therefore, the President is hindered in many ways in exercising the executive power of the Republic. When we talk about the executive power of the Republic, we are simply talking about the duty of the Government to promote the affairs of the State as it relates to the delivery of services.”
Although there is no cabinet, control of public services has not ceased as directors-general continue in their jobs during the transition period.
“The Commissioners are the default arrangement in terms of ensuring the continuity of government, but they are not actually part of the political leadership. So, as we speak, we have a president, we have a Commissioner, and by the way, the powers that the Commissioner exercises in law are very significant and very important, so the Commissioner is key in terms of actually ensuring the continuity of government. And the extent to which the Commissioner can go is clearly defined in law and enshrined in the Constitution, so if the Commissioner oversteps the bounds of his or her powers, of course, he or she will face consequences.”
Maselmure says the current arrangements are not ideal but are necessary given the situation South Africa finds itself in.
“Ministers should provide policy direction and directors-general should translate the policy directions given by the ministers into strategic and actionable plans. So there is a difference between the role played by ministers and the role played by directors-general. But we need to understand that the president is yet to announce his cabinet. It is clear that he is talking about a government of national unity and it will naturally include political parties that are not usually included in the scope of consultations to form a cabinet.”
Previously, the ANC was only obliged to consult with its tripartite partners, Cosatu and the SACP.
For now, Maselmure says the time spent on official business before the Cabinet announcement is not unreasonable, but it would be preferable for it to end in order to restore the normal functioning of government.
Meanwhile, the ANC announced that 10 parties with seats in the National Assembly had signed a statement of intent for a Government of National Unity (GNU).
The parties in question are the ANC, DA, PA, IFP, GOOD, FF Plus, UDM, Rise Mzansi, PAC and Al Jama-ah.
The ANC says its 10 parties won more than 70% of the vote in the 2024 elections, ensuring broad representation and a strong mandate to govern.
The party said in a statement that any further organisations wishing to join GNU would be subject to Article 24 of the statement of intent, which stipulates that if a new organisation wishes to join GNU, discussions and agreements will take place between the existing organisations.
SABC News political editor Mzwandile Mbeje elaborated on this further.
