A distinction should be articulated between the State and - TopicsExpress



          

A distinction should be articulated between the State and Government Many people see the two as one. This is incorrect. The State is permanent, government is temporary owing to the electoral law in a specific country. In SA we have a 5yrs term of office. A political party that would have won the last election becomes government and acts on behalf of the State. In simple English, SA will always be there, but its possible that a different political party can win the next elections, become government and also act on behalf of the State. Thats why theres an election of the President of the Republic in the National Legislature, who should then become the first defendant of the Constitution in terms of which hes/shes appointed. The President is the Head of both government(temporary) and the State(permanent). The President, Deputy President, all Ministers as well as their deputies, including Premiers, MECs, Speakers, Mayors, Councillors, MPs, Chapter 9 Institutions, Magistrates and Judges, are there to defend the Constitution. The Constitution represents and protects the State. Thats why when you hear that the President violated the very Constitution he must defend, one becomes concerned. The President, whos also the Head of both government and State, is first and foremost, accountable to the Constitution, not his/her political party. If he/she was answerable only to his/her party then there wouldnt be any voting in the National Assembly. The legislature, to which the three tiers of government and Chapter 9 Institutions account, is there to protect the Costitution by demanding answers on behalf of the State which they represent. In short, a political party isnt a State and will never be, but it can act on behalf of the State - owing to the last election result . Furthermore, the people who arent in government cant speak on behalf of the State as government acts on behalf of the State. Its therefore imperative to make a distinction when Mr Zuma speaks on behalf of the State and when he does political work on behalf of his party, ANC, so that we arent confused. To put it simply, a political party isnt a State though it can act on its behalf mandated by the last election results. I hope this contribution helps to distinguish between the issues and events.
Posted on: Thu, 06 Mar 2014 01:47:14 +0000

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