Major changes to South Africa’s constitution proposed in Parliament

ActionSA has introduced a bill to Parliament that seeks to overhaul South Africa’s Cabinet, increase Parliamentary oversight, and allowing more expert appointments.

If passed, the Constitution Twenty-Second Amendment Bill, tabled by ActionSA Parliamentary Leader Athol Trollip, has some significant provisions:

• Abolishes the role of Deputy Ministers;
• Requires parliamentary vetting of all Cabinet appointments;
• Empowers the National Assembly to remove individual Ministers;
• Increases the number of Ministers who can be appointed from outside Parliament.

“If passed, it would represent the most significant overhaul of the bloated Executive of 32 Ministers and 43 Deputy Ministers since the dawn of democracy in 1994,” said Trollip. 

“They are practical, measurable steps designed to save taxpayers an estimated R1.5 billion a year, right-size government, and reinvest in what matters most: jobs, basic services, and infrastructure not politicians and their perks,” he added.

Looking at some of the key provisions, Trollip said that removing all 43 Deputy Ministers “will save South Africa billions.”

“These positions are redundant and serve no meaningful governance purpose.”

Next is the mandating of parliamentary vetting of all Cabinet appointments, through a committee set up specifically for this purpose, and then a vote of the National Assembly. 

Trollip said this would “end the era of late-night reshuffles and recycled deployments without oversight.”

The bill also seeks to empower the National Assembly to remove individual Ministers through motions of no confidence, which ActionSA says ensures that accountability is enforced by Parliament rather than solely by the President.

It also seeks to expand the number of Ministers who may be appointed from outside Parliament from two to four, allowing, according to Trollip, qualified professionals and subject-matter experts to bring fresh expertise into Cabinet.

The contentious Deputy Minister debate

Looking at the contentious issue of deputy ministers, Section 93 allows the President to create and allocate deputy minister posts, appoint deputies from the National Assembly or up to two from outside, assign them powers, and dismiss them.

On June 30, 2024, President Cyril Ramaphosa appointed South Africa’s largest-ever national executive, following a coalition deal after no party won a majority in the elections. 

The ANC, with about 40% of the vote, formed a “Government of National Unity” with nine other parties. 

Despite earlier promises to reduce the Cabinet size, Ramaphosa expanded it to 32 ministers and 43 deputy ministers representing multiple parties, citing coalition needs and political realities.

Senior lecturer at Wits Business School Paul Kaseke previously wrote that “nobody would really mind how large the cabinet is if there were no financial implications attached.”

However, this is far from the case, with annual costs for the taxpayer in the billions in a country increasingly plagued by austerity measures in other parts.

“Critics may well argue that saving [money].. by cutting out deputy ministers is a drop in the ocean… but every cent saved by the state counts,” said Kaseke.

Political economics lecturer at Wits Business School Professor Jannie Rossouw said, “Truthfully, I am not sure what a deputy minister actually does, and there are now 43 of them.”

While there is still a lack of clarity about the exact duties of deputies and worries over the price to state coffers, Kaseke argues that another pressing issue arises.

“There are no measurable checks and balances to ensure that they actually do any work,” he said.

“While both ministers and deputy ministers are accountable to parliament for the exercise of their functions, only ministers need to submit full and regular reports to parliament,” said Kaseke.

Why is this introduced now?

Trollip said the proposed amendment responds to ongoing governance failures, highlighting President Ramaphosa’s decision to place Police Minister Senzo Mchunu on “special leave” amid allegations of interference and criminal ties.

Prof. Firoz Cachalia, a non-MP and non-Minister, was named Acting Police Minister, surpassing the two current deputy ministers, but Mineral Resources Minister Gwede Mantashe currently oversees the portfolio until Cachalia is sworn in.

Trollip also criticised controversial appointments like Thembi Simelane, linked to the VBS scandal, who briefly served as Justice Minister before a late-night portfolio swap.

“This exposes serious structural flaws in the current constitutional framework,” said the ActionSA Parliamentary leader.

Trollip argued that Deputy Ministers lack constitutional authority to act in their Ministers’ absence, making them ineffective during crises and a source of “unnecessary spending.”

“I look forward to the support of all parties, especially those who previously campaigned to end wastage and ensure Executive accountability,” he added.