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South African Flag

United States Flag

Constitutional Foundations

South Africa and the United States are both ruled by a constitution, which is the supreme law of both countries. There are some similarities with the constitutions but they are also differences. The US constitution of 1787 is much older than the constitution in South Africa which was passed in 1996. The US has a more stable and orderly government since it was established before South Africa’s.

Republic of South Africa

South Africa

South Africa’s Constitution is fairly new. It was passed in December 1996. In 1910 the union of South Africa was formed then in 1961 they left the British Commonwealth. This is also when they created the office of the president as the head of state in the constitution. The next step to improve the constitution was making a three house parliament in 1984 with white, colored, Asian houses, but excluded black majority altogether. When the final constitution was passed in December 1996 it protected freedom of expression, prohibited hate speech and protected other rights. “The new constitution, which included a comprehensive bill of rights, was the first in the world to prohibit discrimination on the basis of sexual orientation.”

America

The American constitution was adopted on September 17, 1787 by the Constitutional Convention which was held in Philadelphia. The constitution went through many changes before it was finally adopted. The first 10 amendments were added in 1791 and are known as the Bill of Rights. The Supreme Court is the supreme interpreter of the constitution. The constitution states the the president is the head of state and the head of government. It also outlines the three branches of government, the executive, judicial, and legislative branches and their powers. The president has no role as legislator he can only enforce and implement laws passed by the legislative branch.

Civil Liberties and Rights

South Africa’s constitution “enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.” Each person has the right to live their own life. They have freedom and security of the person. Some other rights are they are protected from slavery, servitude and forced labor. They also have child labor laws to protect their children. When someone is arrested or detained they have certain rights. “Everyone who is detained, including every sentenced prisoner, has the right to be informed promptly of the reason for being detained.” They also have a right to a fair trial. Some civil rights of American are the rights to “freedom of speech, or of the press; or the right of the people peaceably to assemble.” Some other rights are the powers of the state and the people. Some other rights are no cruel and unusual punishment is allowed. The US constitution gives these rights to their citizens along with other rights.

Differences

In the two constitutions there are some similarities but they also have some differences such as in South Africa they have the right to “an enviroment that is not harmful to their health or well-being.” This is much different than America where we do not have any rules regarding the rights to our environment in the constitution. We have people who want to help out the earth and make it cleaner but it doesn’t say in our constitution that we must make the earth a cleaner place. In South Africa “everyone has the right to have access to health care services, including reproductive health care." They also have the right to food, and water. In the US constitution we do not have anything about this. We must find our food and water and get our own health care. People get certain jobs so they can have better health care. Not everyone in the US has health care or food and water. In South Africa you also have the right to social security. In South Africa’s constitution they have a section on children. Everyone who is under 18 is considered a child and from birth they have the right to a name and a nationality. They are also given a family and basic nutrition. They even made rules to protect them from being abused and have child work laws. Children are also not allowed to be used directly in armed conflicts. The US constitution doesn’t protect the American child as well as South Africa’s constitution. Also in South Africa everyone has the right to an education. Unlike the US in South Africa everyone has the right to access any information that is held by the state. The national legislation must be enacted to give effect to this right. If a citizen feels like information is really important they may see it. They don’t allow this in the US. Everything is much more protected in the US and is not allowed to be displayed everyone to see.

Similarities

There are many differences in the constitutions but they also have many similarities. They are both designed to help protect their citizens and give them fair rights. The freedom of press, religion and speech is located in both constitutions. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble.”Both countries believe in thinking and saying what they would like to. They believe in freedom of expression and freedom of the press and media. They also believe in freedom of assembly. Another similarity is in South Africa the peoples property can’t be arbitrarily taken away. “No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.” This is similar to the US constitution in the 5th Amendment it says no person can “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” In both constitutions they have rights protecting peoples homes. In South Africa everyone has the right to adequate housing. “No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances.” In both countries they are given access to the courts. They’re “to be informed of the nature and cause of the accusation.” They are also to be informed why they are being detained and a have a legal practitioner and a fair trial. They both interpret the bill of rights. The constitution is the rule making body of both the US and South Africa.

Institutions

Both the United States and South Africa have separated governments and that idea is strongly based on Montesquiue’s work. “Montesquieu also held that governmental powers should be separated and balanced to guarantee individual rights and freedom.” This has led to separate branches in both countries. In America, duties are separated and each branch can step in if another is unconstitutional. In South Africa, “… the Constitution does little to effect the separation of powers between the legislature and the executive; other than a vote of no confidence.” The United States is seen as a presidential republic where the powers are virtually equal between all three institutions because of their system of checks and balances, but the president is still in charge because he has so many roles to play to represent the country. The government of South Africa is a constitutional democracy, which means that the South African Constitution is supreme to the other branches of government. This is a new constitutional democracy because the Constitution was written in 1996 and has only been around twelve years. Both countries rely on federalism so duties are split between the national, province or state, and local governments. Unlike the American government where it is a winner-take all election, voting is proportionate in South Africa. There are some basic differences between the governments in the United States and in South Africa.

Executive

In the United States, when one speaks of the executive branch, they are usually speaking solely of the president. This is because the president assumes all of these roles as the head of the country. He is required to be chief legislator, chief of state, chief diplomat, commander in chief, head of the party, chief guardian of the economy and chief executive. He relies on his cabinet, which is his advisory council that helps him manage all of his duties. The executive branch includes the bureaucracy, which are the departments in the government. The executive branch of the United States includes the president, cabinet, and bureaucracy, but is usually represented by the president. In South Africa, there is also a president who assumes the role of head of state. The executive branch also includes the deputy president, cabinet, ministries and departments. The deputy president is second in command and holds a lot of authority and responsibility. South Africa’s cabinet within the executive branch is also just a small advisory council. The ministries and departments help the nation run smoothly. The executive branch is a large organization in South Africa. In theory, the executive branches in the two countries are similar. The roles of second-in-command are different in the United States and South Africa, vice president and deputy president respectively. The vice president is mostly in charge when the president is either unable to do something or is not there. The deputy president’s job entails much more and a lot of the time the president gives them major duties to be in charge of. These differences are small in the executive branch.

South African National Assembly

United States Congress

Legislative

The legislative branch of the United States government is bicameral. It has the House of Representatives as the lower house and the Senate as the upper house. The decision to have two houses was an effect of the Great Compromise. The House of Representatives consists of 435 members with states represented based on their population. With every census, it is possible to redistribute the number of members to a state due to a change in population. The members of the House of Representatives are voted and elected every two years. The House “shall have the sole Power of Impeachment”. The Senate is the upper house with two representatives from each state. They are elected every six years and they “shall have the sole Power to try all Impeachments.”/ The major powers of Congress in the United States are to create laws and control the money. South Africa also has a bicameral legislative branch known as the Parliament of South Africa. The upper house is the National Council of Provinces and it contains ninety members, ten from each province. They are elected every five years by province legislature. The lower house is the National Assembly has 400 members distributed to each province based on their population. The National Assembly is chosen by popular vote every five years. They both have the same basic power to “consider, pass, amend or reject any legislation before the assembly; and initiate or prepare legislation, except money Bills.” Both houses must maintain oversight of the president. The two legislative branches are similar in South Africa and the United States. The one key difference is that they are in control of the money in America, but in South Africa, they do not have a voice on decisions involving money. Also, the elections are different. Not only the term length, but the fact that the members of South Africa’s National Council of Provinces are elected from province legislature. This is how the United States Senate was elected initially, but later they was changed by amending the Constitution and that gave the citizens more of a say in who was elected. The legislative branch is the most similar between South Africa and the United States.

Judicial

The judicial branch of the United States is symbolized by the Supreme Court. It also contains the federal district courts. The Supreme Court is responsible for cases concerning the federal government, inter-state conflict, and initial interpretation of the Constitution. The district courts are trial courts for federal law. All American courts in the judicial branch are responsible for cases involving someone and a law. In South Africa, the judicial branch consists of the Constitutional Court. They have “…final say on fundamental legal matters.” Their concern is social justice and it is comprised of ten justices and a president. The other part of the judicial branch is the Judicial Service Commission, which is an advisory board for the cases. They do not make any decisions, but what they say they think is correct could have some influence on a case. The judicial branch in South Africa is not complex, because it consists of one court. The major difference in the two judicial branches is that the United States has many courts that are considered part of the judicial branch and South Africa only has one court in charge of important matters. In the United States, a small case could be held initially in a federal court where in South Africa, it would be held in just a normal court. All other courts in South Africa are independent from the government. Also, the Judicial Service Commission is different from anything in the United States government. In South Africa, the judicial branch seems to be less a part of the federal government.

Political Behavior

The political behavior in South Africa and the United States are quite different. This is because the counties have different backgrounds and are completely different.

Political Parties

In the United States, there are currently two major parties: the Democratic Party and the Republic Party. “Historically, the Democratic Party has supported organized labour, ethnic minorities, and progressive reform. It tends to favour greater government intervention in the economy and to oppose government intervention in the private, noneconomic affairs of citizens.” “The Republican Party traditionally has supported laissez-faire capitalism, low taxes, and conservative social policies.” The country has always had two major parties due to many other reasons. One of these reasons is the winner-take-all election style. There are many third parties, smaller parties, but their power is much less than that of the Democratic Party and the Republican Party. The political parties of the United States are moderate. South Africa’s majority party is the African National Congress, which has grown immensely since Apartheid. “… many citizens apparently see the ANC as the country’s best bet for reducing the gap between the “haves” and the “have-nots.”. Most citizens put their hope in the ANC to create balance despite the unequal ways of their past. The ANC has continually followed through with the policies they announce proving their effectiveness. Most non-whites of South Africa vote for the ANC. The second biggest party is the Democratic Alliance, which used to be the Democratic Party and some smaller parties. They are the “…successor to the relatively liberal white traditions of the earlier Progressive Party” and they try to continue with their liberal ideas. There are many other smaller parties including the Inkatha Freedom Party, with conservative and Zulu ideologies, and the New National Party. These parties do get to have their voice heard in government because of their proportional election system. Some do not believe the current system is working. “While the electoral system provides for high degrees of “collective representation”… and “descriptive representation”… it has created no direct link between legislators and voters.” There are many political parties in South Africa who have an effect in the government. The political parties in the United States are hugely different. In America, there are only two parties that really get their voice heard, while in South Africa, the government is dominated by one party, but other smaller parties are also represented in the government. Also, the parties in South Africa are greatly divided because of race. That is not to say that they are not divided in America by race, 90% of African Americans vote democratic, but a lot of voting is based on certain policies, while in South Africa the voting seems pretty divided racially. Also, this is because the make up of South Africa is so diverse. Between the United States and South Africa, the political party system is quite different.

Current Politics

Thabo Mbeki

George W. Bush

The president of the United States is currently George W. Bush. America is experiencing what is referred to as divided government, when the executive branch is from one party and the majority of the legislative branch is from the other. George W. Bush is a republican and the majority of the legislative branch is democratic. This affects the legislation because laws are less likely to be passed when it is divided government because the two branches differ. The upcoming election will have a large effect on what will happen in government in the next years and which policies will pass. The current president of South Africa is Thabo Mbeki. The majority in the Parliament is also the ANC by a huge margin, but there are also different groups represented. Their majority is so enormous that the are “…just one seat shy of the two-thirds majority necessary to amend the Constitution unilaterally.” This gives the ANC incredible power and inspires other groups to get a larger say and more representation. They have been pretty consistent with their policies but while the country changes, they are predicted to turn more liberal. This could affect the current state of government, but for now the ANC seems to be in command.

Political Culture

America is seen as the melting pot and over time, many cultures have blended together. Although there is no official language, people are unified by everyone speaking English. Their ideologies are pretty moderate. Due in part to the general ideology, the voter turnout in elections of qualified voters is generally low. At the last presidential election in 2004, the eligible voter turnout was about 60%. Also voters are generally pretty evenly split: 1/3 Democratic, 1/3 Republic, and 1/3 Independent. Interests groups have a huge effect on some policies and politics. They play a huge role in American political culture. In South Africa, their political culture is to try to blend ideas to include everyone. There are eleven official languages and eight unofficial ones, showing the diversity and why it is so important to mix ideas. This whole philosophy of mixing all their ideas came after Apartheid when everything was so unequal and separate. Nelson Mandela, the first president elected after Apartheid, initiated the blending of groups to stop the violence. This inspired “…new symbols of national unity such as a multicolored flag and an anthem that melds the favorite hymns of the old and new regimes.”3 These national symbols are used to help people work together. Even though there is all this positive energy, the stereotypes are still harsh with different racial groups suspect of each other. One thing that continuously holds South Africans together is their sports because it unifies all ethnicities. Despite the distrust under the surface, their national pride is strong with about 90% of citizens proud to be South African. This is also due to the fact that the country is new and there is much to be accomplished creating a strong political culture in South Africa. This affects them creating a high voter turnout, around 90% at the parliamentary election in 1999. This is also due to the fact that the country is new and there is much to be accomplished creating a strong political culture in South Africa.

Foreign Policy

The South African government is an example of a very modern democracy, and with globalization rising in recent years and modern technology increasing relationships among nations, South Africa has taken a very reserved and peaceful foreign policy. The United States has a much more aggressive foreign policy, looking to involve themselves in other nations. While there are some institutional similarities, there are major ideological differences between the two country’s foreign policies.

The Earth

South African Foreign Policy

The driving force behind South African foreign policy, the Department of Foreign Affairs, is a department within the executive branch. The department is led by the Minister, Dr Nkosazana Dlamini Zuma, and heads all the efforts of South African international relations. The department’s vision and mission are both very value based statements, saying “Our vision is an African Continent, which is prosperous, peaceful, democratic, nonracial, nonsexist and united, and which contributes to a world that is just and equitable. Mission: We are committed to promoting South Africa’s national interests and values, the African Renaissance and the creation of a better world for all.” It is clear to see that many of the drive for foreign relations for South Africa is from the infamous past it has had with racism and corruption; the main goal of foreign relations in the modern day is to present a South Africa that has overcome its past.

War is a major part of foreign policy, the part most publicized, and the part where differing opinions are backed by strong emotions. South Africa is also reserved in its war policy, trying to stay neutral and unaffiliated or not a part of international military blocs, the foreign policy perspective of 1994 saying “South Africa shall strive to maintain world peace and the settlement of all international disputes by negotiation - not war. A democratic South Africa will be non-aligned and will not affiliate to any international military blocs.”

A tank; South Africa tends to have a very reserved War policy

South Africa places a large emphasis on international cooperation, looking to solve disputes with negotiation rather than force. While the country stays reserved in joining other nations for war, it strongly promotes peaceful resolution and international cooperation. South Africa wishes to stay a peaceful country that does not use war as a means of accomplishing goals.

South Africa is is in a continent with many countries, and this is something that the United States does not share. A major difference in the two nation’s foreign policies is the fact that a large emphasis of South Africa’s foreign policy is focused on African relations: the mission to find peace and cooperation with the other nations of Africa. South Africa has been a part of many multilateral organizations, treaties, conventions and declarations passed for the betterment of Inter African relations. One of the more prominent of these is the Organization of African Unity (OAU) / African Union (AU), with South Africa being the 53rd nation to join after becoming a democracy. The OAU “aims to promote the unity and solidarity of African States; co-ordinate and intensify their co-operation and efforts to achieve a better life for the peoples of Africa,” and ultimately looks to increase cooperation between the African nations, which is a major focus of South African Foreign Policy. The aim of the OAU ties nicely into another major point of South African international relations: the strong promotion of human rights. Even the section of the OAU that states part of its aim to be “a better life for the peoples of Africa,” shows that in all parts of policy, South Africa is moving on from their past and makes sure that each governmental move protects the human rights of its people, and hopefully promotes the human rights of other nations. Relations within Africa to increase peace and cooperation and the promotion of human rights are two major focuses of South African foreign policy.

USA Foreign Policy

The United States foreign policy falls under the duties of the executive branch, with the President of the United States being the chief diplomat. The Department of State is the executive department in charge of US foreign policy, and is hierarchically very respected among the executive departments. The Secretary of State heads the State Department, the current Secretary of State being Condoleezza Rice. The United States foreign policy is very aggressive, bearing on the the State Department website, “Mission Statement: Create a more secure, democratic, and prosperous world for the benefit of the American people and the international community.” Institutionally, the departments of foreign policy are very similar between the United States and South Africa, both being within the executive branch and a very important department within the branch. However, the similarities, for the most part end there. While looking strictly on how the government shapes foreign policy is pretty much the same, the ideals behind the foreign policies make them quite different.

The United States has an infamous war policy, for it is a global super power that can easily sway a war. However, it is infamous for the reason that the United States has fought many wars based upon what they believe to be right and to push their ideals upon other nations. Congress has the power to declare war, but the first time it did was the war of 1812, and the only other declared wars were against Mexico, against Spain, and World Wars I and II. However, throughout the history of American government, the president has deployed troops abroad over 300 times. Many of these times were instances when declared war was not appropriate, but the United States fought against an idea, like the undeclared war of Vietnam. The Vietnam war was fought because Americans did not believe in communism and wished to stop its spreading, and many wars have been fought to try to install democracy within a nation. The two war policies of the United States and South Africa are extremely different. South Africa has a very reserved attitude and wishes to stay out of war, not joining international alliances against a nation. The aggressive United States however, uses war too much as an option, and creates such military blocs that South Africa wishes to stay uninvolved in.

Secretary of State, Condoleeza Rice, with President George W. Bush

The United States is an international super power, and very often believes its responsibility is to reign over the world. The State Department states “American diplomacy in the 21st century is based on fundamental beliefs: our freedom is best protected by ensuring that others are free; our prosperity depends on the prosperity of others; and our security relies on a global effort to secure the rights of all.” The United States gives support and help to nations in order to better the world as a whole. On the other side of the spectrum, South Africa is on the rise from being a developing country, and therefore receives help from many other nations. Overall, the United States and South African foreign policies are different in that the United States has an aggressive, overbearing, and war-prone attitude towards other nations, while South Africa has a reserved, neutral, and quiet foreign policy. Even the mission statements of the two foreign relations departments reveal the differing ideals behind the countries foreign policies, with US using aggressive words like create, while South Africa uses more passive words like promote. Even though the two nations structurally have very similar foreign policy makers, the ideals of the two nations create a huge difference in their foreign policies, making the United States aggressive and South Africa reserved.

Domestic Policy

Domestic policy is the government interaction in issues and affairs within the nation, how it deals with the social statuses, and the action it takes to better the lives of the general population. However, in order for the government to take action, there must first be a problem to solve, and both the United States and South African governments have such a problem. Both nation’s share the problem of a divide between classes financially, or racially in South Africa, but they differ in their approach to the same problem.

South African Domestic Policy

South Africa has been notorious for a prominence in racism, with immense brutality and even crime towards the lower class majority Africans by the upper class whites. With corruption working in the favor of the whites, the used to be almost invincible against the proper justice to the outrageous racism committed under the former government. An example is in the story of Raven Naidoo, who applied for engineering when looking at college, and while accepted to the colleges, was denied the right to study engineering due his race. This was in the 1980s, a time so close to our own it is scary. This is an example of the previous apartheid government not only failing to stem the racism, but actually enforcing it. However, the new democratic South Africa has as one of the major staple points of its domestic policy a focus on stopping racism. The new multiracial government has worked hard to stop what is now seen as absurd amounts of racial disrespect. The story of Naidoo show the immense growth that has already occurred, “Now, after a decade of freedom, Naidoo's own experience reflects the ways in which life in this country of 43 million people has changed for the better. He and two partners now head up a small technology consulting firm.” The government of South Africa has a domestic policy with a large effort on racism and overcoming the racism of the past. The racism of the past has affected the social standings of today, for while the treatment and racism towards Africans is increasing, the financial status of the blacks in South Africa is still suffering. Much of this is due to the previous situation of the Africans, and the struggle to rise up from their past status. The result is a nation split economically, “A decade on, South Africa uniquely straddles the developed and developing worlds, with a wealthy minority enjoying living standards comparable to Spain's while coexisting with an impoverished black majority. Despite the growth of a sizable black middle class, old racial divisions are largely reinforced by continuing economic inequalities. No other country except Brazil has such disparities of wealth.” The immense racial divide has now evolved into an immense financial divide. However, part of the public policy of South Africa is to help the large lower class to rise to a higher financial status. The government has used time and money to try to raise the lower class up, “The first post-apartheid government brought significant changes to the nation, including . . . increased public spending for social programs for the disadvantaged through the National Reconstruction and Development Program.” Two major focus points of South African government is to end racism within the nation and to financially bring the lower class higher. Both of these focuses share the same distinct goal, to bridge the great divide that South Africa is experiencing, and to better equalize the citizens.

US Domestic Policy

A major difference in the problems facing the two nations is that, in modern times, the United States does not have the same racial problems as South Africa. While racism was alive and well during the civil rights movement and before, it has faded out immensely, at least to the point where it does not match South Africa. A difference between the two domestic policies then is the large focus on racism in South Africa, and the littler focus on it in the US, for it is not as needed. However, while the divide of the nation is not along racial lines, there is still most certainly a divide within the United States. While the United States is a very developed country, it still has the problem of poverty and lower class issues, for “In the early 21st century, more than one-tenth of the general population—and about one-sixth of children under 18 years of age—lived in poverty.” The nation therefore responds to this dilemma with governmental action, making a part of United States domestic policy its work against poverty and a large lower class. Much of this comes from government action like welfare and health care, programs that help the poor more than they help the rich. These programs are very similar to those used by South Africa, programs to lessen the gap between the poor and the rich. A difference lies is how each nation deals with the gap, for the rich in America are not pleased when their money is used to support people free loading off of welfare, so “responding to allegations of abuse in the country's welfare system and charges that it encouraged dependency, the federal government introduced reforms.” Reforms to the welfare system have been made many times and in modern times, most have been made to cut the amount of citizens receiving welfare and the amount that group receives. So while South Africa takes a more liberal approach in putting a lot of spending and time into raising the lower class up, working on equalizing and bringing the classes closer financially, the United States has taken a more conservative approach by decreasing their welfare program’s spending and size, ultimately increasing the gap of rich and poor, but letting the rich keep the money they earned. So while both South Africa and the United States are faced with the social problem of a financial divide between classes, their domestic policies differ in that they South Africa approaches it liberally with a greater, stronger welfare, while the United States approaches it conservatively with a smaller, weaker welfare program.

See Also

South African Constitution: [1] United States Constitution:[2]