section_path: Government and politics
section_name: Government and politics
paragraph_text: Government and politics
  
  South Africa is a parliamentary republic, but unlike most such republics, the president is both head of state and head of government and depends for their tenure on the confidence of Parliament. The executive, legislature, and judiciary are all subject to the supremacy of the Constitution of South Africa, and the superior courts have the power to strike down executive actions and acts of Parliament if they are unconstitutional. The National Assembly, the lower house of Parliament, consists of 400 members and is elected every five years by a system of party-list proportional representation. The National Council of Provinces, the upper house, consists of ninety members, with each of the nine provincial legislatures electing ten members.
  
  After each parliamentary election, the National Assembly elects one of its members as president; hence the president serves a term of office the same as that of the Assembly, normally five years. No president may serve more than two terms in office. The president appoints a deputy president and ministers (each representing a department) who form the cabinet. The National Assembly may remove the president and the cabinet by a motion of no confidence. In the most recent election, held on 29 May 2024, the ANC lost its majority for the first time since the end of Apartheid, winning only 40% of the vote and 159 seats, while the main opposition, the Democratic Alliance (DA), won 22% of the vote and 87 seats. uMkhonto weSizwe, a new party founded by former President and ANC leader Jacob Zuma, won 14.6% of the vote and 58 seats, while the Economic Freedom Fighters, founded by Julius Malema, former president of the ANC Youth League who was later expelled from the ANC, won 9.5% of the vote and 39 seats. After the election, the ANC formed a Government of National Unity with the DA and several smaller parties.
  
  South Africa has no legally defined capital city. The fourth chapter of the constitution states "The seat of Parliament is Cape Town, but an Act of Parliament enacted in accordance with section 76(1) and (5) may determine that the seat of Parliament is elsewhere." The country's three branches of government are split over different cities. Cape Town, as the seat of Parliament, is the legislative capital; Pretoria, as the seat of the president and cabinet, is the administrative capital; and Bloemfontein is the seat of the Supreme Court of Appeal, and has traditionally been regarded as the judicial capital; although the highest court, the Constitutional Court of South Africa has been based in Johannesburg since 1994. Most foreign embassies are located in Pretoria.
  
  Since 2004, South Africa has had many thousands of popular protests, some violent, making it, according to one academic, the "most protest-rich country in the world". There have been numerous incidents of political repression as well as threats of future repression in violation of the constitution, leading some analysts and civil society organisations to conclude that there is or could be a new climate of political repression.
  
  In 2022, South Africa was placed sixth out of 48 sub-Saharan African countries on the Ibrahim Index of African Governance. South Africa scored well in the categories of Rule of Law, Transparency, Corruption, Participation and Human Rights, but scored low in Safety and Security. In 2006, South Africa became one of the first jurisdictions in the world to legalise same-sex marriage.
  
  The Constitution of South Africa is the supreme rule of law in the country. The primary sources of South African law are Roman-Dutch mercantile law and personal law and English Common law, as imports of Dutch settlements and British colonialism. The first European-based law in South Africa was brought by the Dutch East India Company and is called Roman-Dutch law. It was imported before the codification of European law into the Napoleonic Code and is comparable in many ways to Scots law. This was followed in the 19th century by English law, both common and statutory. After unification in 1910, South Africa had its own parliament which passed laws specific for South Africa, building on those previously passed for the individual member colonies. The judicial system consists of the magistrates' courts, which hear lesser criminal cases and smaller civil cases; the High Court, which has divisions that serve as the courts of general jurisdiction for specific areas; the Supreme Court of Appeal; and the Constitutional Court, which is the highest court.