Law of South Africa

Module 2

The Constitution and national institutions: the President and the Cabinet, the National Assembly and the National Council of Provinces, lawmaking, the separation of powers and elections

South Africa is a constitutional democracy with a parliamentary system: the President is head of state and head of government, but he is elected by the National Assembly from among its members and he and the Cabinet answer to Parliament. Parliament has two houses, the National Assembly, elected by proportional representation, and the National Council of Provinces, which represents the provinces. The Constitution does not only divide power between the executive, the legislature and the courts: it also creates independent institutions supporting democracy (the Chapter 9 institutions), such as the Public Protector and the Electoral Commission. The courts, above all the Constitutional Court, have enforced these limits on the President and on Parliament. A foreigner who invests, works or lives in South Africa deals with these institutions in licences, regulations and elections, so it helps to know who decides what.

General education on the law of South Africa, using invented people and businesses. It states laws and procedures in simplified form and is not legal advice. The law and its practice change, and every case turns on its facts, the province and the authority concerned. It does not offer legal representation or a legal opinion on any case. Consult a South African attorney for any real matter.

This course was written on 5 November 2026. To the best of our knowledge, it describes the law of South Africa as it stood on that date. Laws change, and we may have missed or misunderstood something. If you notice a change, or have other information, please do not hesitate to contact us: we will review it and update the course. We do not claim to be the final source of the law.