South Africa

Justice

The common law of the republic is based on Roman-Dutch law, the uncodified law of the Netherlands having been retained after the Cape’s cession to the United Kingdom in 1815. The judiciary comprises the Constitutional Court (with powers to decide on the constitutionality of legislative and administrative actions, particularly with respect to the bill of rights), the Supreme Court of Appeal (the highest court of appeal except in constitutional matters), the High Courts, and Magistrate’s Courts. Parliament may create additional courts but only with status equal to that of the High and Magistrate’s Courts. The Supreme Court is headed by a chief justice, who is appointed by the state president, as are the deputy chief justice and the chief justice and deputy chief justice of the Constitutional Court. Other judges are appointed by the president with the advice of the Judicial Service Commission.

Traditional authorities exercise some powers in relation to customary law, which derives from indigenous African practice codified in some areas (such as KwaZulu-Natal) by colonial rulers. Customary law continues to be recognized in various ways. For example, marriage in South Africa takes place either under customary law or under statute law, with profound implications for the legal status of African women married under customary law. Most civil and criminal litigation is a matter for the Magistrate’s Courts.

Political process

All citizens 18 years of age and older have the right to vote. Prior to universal suffrage, introduced in 1994, blacks, Coloureds, and Asians (primarily Indians) were systematically deprived of political participation in the conduct of national and provincial affairs, with few exceptions. In the Cape Colony and, later, Cape of Good Hope province, a property-qualified franchise once allowed a minority of better-off Coloureds and blacks to vote (rights eventually abolished under apartheid). Black representation in Parliament—provided by a small number of elected white representatives—was abolished in 1959, on the theory that blacks would eventually find their political rights as citizens of the “homelands” that would eventually become independent. Coloureds, who had been on a common voting roll with whites, were forced into separate representation in Parliament in 1956, and that arrangement was abolished altogether in 1968.

The 1984 constitution extended the franchise to Coloureds and Asians in segregated houses of Parliament, but the substance of power in most matters, particularly over the general policy of apartheid, remained with the house representing whites. Blacks continued to be excluded from the national government.

White women gained the right to vote in 1930; other women did not gain that right until universal suffrage was introduced in 1994. Women have since made strides in attaining important government positions. At the beginning of the 21st century, they made up about one-third of the National Assembly, and by 2010 that figure had increased to more than two-fifths. In 2005 Phumzile Mlambo-Ngcuka was appointed deputy president—the first woman named to that position.

The major political party is the African National Congress (ANC; founded 1912). Banned from 1960 until 1990, the ANC changed from a national liberation organization to a political party after it won a majority at national democratic elections held in 1994. The primary opposition party is the Democratic Alliance (DA; founded 2000). The heir to a long liberal tradition in white politics, the DA’s initial members included the former Democratic Party and Federal Alliance. The Independent Democrats party began the process of integrating with the DA in 2010. Other parties that have enjoyed significant support include the Economic Freedom Fighters (EFF), established in 2013 by former ANC members; the Inkatha Freedom Party (IFP), a largely Zulu organization founded in 1975; the National Freedom Party, founded by a former IFP member in 2011; the United Democratic Movement, formed in 1997 by former officials of the ANC and the National Party; the Freedom Front Plus, a right-wing white party originally founded in 1994 as the Freedom Front that was joined by the Conservative Party of South Africa and Afrikaner Eenheid Beweging in 2003; the Pan-Africanist Congress of Azania (PAC), a group that broke away from the ANC in 1959; and the South African Communist Party (SACP), a longtime ally of the ANC in the fight against apartheid. The SACP typically enters its candidates on the ANC’s lists, as do the South African National Civic Organization and the trade union federation COSATU. Smaller parties that have won seats in legislative elections include Congress of the People (COPE), Agang SA, the African Christian Democratic Party, the African Independent Congress, the United Christian Democratic Party, the African People’s Convention, the Azanian People’s Organization, and the Minority Front.

A defunct party that played a decisive role in South Africa’s history was the National Party (NP), which ruled the country from 1948 to 1994. Founded in 1914 and supported by both Afrikaners and English-speaking white South Africans, the NP was long dedicated to policies of white supremacy and developed the apartheid system. By the early 1990s the NP, bowing to international pressure, had moved toward sharing power with the country’s black majority and was later defeated in 1994 in the country’s first multiracial elections. The party sought to recast its image by changing its name to the New National Party in December 1998, and it allied itself with the Democratic Party and the Federal Alliance in 2000 in an attempt to gain more political power. After several years of declining popularity, the party’s federal council voted to disband the party in 2005.