National Departments

The mission of the Department of Small Business Development is to focus on enhanced support to small business and cooperatives, with an emphasis on programmes to advance entrepreneurship amongst women, the youth, and people with disabilities to contribute to job creation and economic growth. The Department's objectives are to: facilitate the development and growth of small businesses and cooperatives to contribute to inclusive and shared economic growth and job creation through public and private sector procurement; facilitate partnerships with all spheres of government as well as the private sector to ensure mutual cooperation that will benefit small businesses and cooperatives; advocate for a conducive regulatory environment for small businesses and cooperatives to enable access to finance, investment, trade equitable and market access in an and sustainable manner; and facilitate radical economic transformation through increased participation of small businesses and cooperatives in the mainstream economy.

The Restitution of Land Rights Act of 1994 and specifically section 6, sets out the functions of the Commission which in essence frame the mandate of the Commission. These key functions are outlined as follows, to: acknowledge receipt of all claims for the restitution of rights in land; take reasonable steps to ensure that the claimants are assisted in the preparation and submission of claims; provide claimants with information regarding the progress of their claims on a regular basis and upon request; undertake the necessary investigations to understand the merits of the claim; take appropriate steps to ensure that the public are aware as to who is entitled to claim restitution, the limitations and requirements of the Act and the manner in which claims are to be lodged with the commission; and prioritise claims which affect a substantial number of persons or persons who have suffered substantial losses as a result of dispossession or persons with particularly pressing claims.

The Constitutional Court of South Africa is the highest court in the country when it comes to the interpretation, protection and enforcement of the Constitution. It deals exclusively with constitutional matters - those cases that raise questions about the application or interpretation of the Constitution. The Constitutional Court has exclusive jurisdiction in deciding disputes about the powers and constitutional status of branches of government. Only the Constitutional Court may: decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state; decide on the constitutionality of any parliamentary or provincial Bill; decide on the constitutionality of any amendment to the Constitution; and decide that Parliament or the President has failed to fulfill a constitutional obligation.

The Judicial Service Commission (JSC) is a constitutional body established in terms of section 178 of the Constitution read with the Judicial Service Commission Act 9 of 1994. The primary functions of the Commission are to: interview candidates for judicial positions and make recommendations for appointment to the bench; deal with complaints brought against the Judges; manage the Register of Judges' Registrable interests; and advise national government on matters relating to the Judiciary. When the JSC interviews candidates for judicial appointment, all the 23 members of the JSC, as well as the respective Premiers and Judges President of the respective Divisions of the High Court where the candidates have been nominated, participate in the interviews. All interviews for judicial appointment are conducted in public. Following the conclusion of the interviews, the recommendations are sent to the President, who then appoints the recommended candidates as Judges.

The Land Claims Court (LCC) was established in 1996 and its primary focus is dealing with land restitution / land claims cases. The Court deals with restitution cases in the form of referrals from the Commissioner's office or when they come directly through claimants or affected land owners. The main task of the Court in this regard is, therefore, to adjudicate whatever legal issues are contained in the cases and ensure that land is awarded to those who satisfy the statutory requirements. The Court also deals with the Extension of Security Tenure Act and the Labour Tenants Act. These two acts were enacted by Parliament to protect farm dwellers/workers from ill-treatment and illegal evictions. The Land Claims Court was conferred with the jurisdiction thereof. However, the various magistrate courts around the country also have jurisdiction in terms of the Extension of Security Tenure Act, although their orders pertaining evictions are subject to automatic reviews by this court. Primarily, the Court has to ensure that the rights of farm dwellers/workers are protected in that all evictions are done within the framework of the aforementioned legislation. In carrying out its mandate, the Court therefore conducts hearings to adjudicate all matters related to the aforementioned legislation in various provinces, districts, cities and towns of the country.

The mission of the Master of the High Court of South Africa is to provide efficient, cost-effective and specialised services of supervision, custodianship, arbitration and information regarding deceased and insolvent estates and trusts, serving estate practitioners, beneficiaries of estates and trusts, minors, and mentally challenged persons in South Africa for the purpose of safeguarding those beneficiaries'financial and proprietary rights. The Master's office has five main divisions. They all strive to protect the financial interests of persons whose assets or interests are, for various reasons, being managed by others. The Master's offices executes, inter alia, the following functions: regulation and supervision of the administration of estates of deceased and insolvent persons in accordance with the applicable statutory prescriptions; protection of the interests of minors and legally incapacitated persons; protection and administration of the funds of minors, the contractually incapacitated, and undetermined and absent heirs that have been paid into the Guardian's Fund; supervision of the administration of companies and close corporations in accordance with the relevant statutory prescriptions; supervision of the adminitration of trusts; safeguarding of all documentary material received by the Master in respect of estates, insolvencies, liquidations and trusts; processing of enquiries by executors, attorneys, beneficiaries and other interested parties; and appointment of impartial and capable persons as executors, trustees, curators and liquidators.

The mission of the National Prosecuting Authority of South Africa (NPA), guided by the Constitution, is to ensure justice for the victims of crime by prosecuting without fear, favour and prejudice and, by working with their partners and the public, to solve and prevent crime. The National Prosecuting Authority has the power to: institute and conduct criminal proceedings on behalf of the state; carry out any necessary functions incidental to instituting and conducting such criminal proceedings; and discontinue criminal proceedings.

The mission of the South African Law Reform Commission (SALRC) is the continuous reform of the law of South Africa in accordance with the principles and values of the Constitution to meet the needs of a changing society operating under the rule of law. The objectives of the Commission are to do research with reference to all branches of the law of the country and to study and investigate all such branches in order to make recommendations for the development, improvement, modernisation or reform thereof, including the: repeal of obsolete or unnecessary provisions; removal of anomalies; bringing about of uniformity in the law in force in the various parts of the country; consolidation or codification of any branch of the law; and steps aimed at making the common law more readily available. In short, the Commission is an advisory body whose aim is the renewal and improvement of the law of South Africa on a continuous basis.

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. Previously it and the Constitutional Court were both apex courts with different areas of jurisdiction. However, since August 2013 the Constitutional Court has been the highest court in all matters. In terms of the Constitution, the Supreme Court of Appeal may decide any matter, except certain labour and competition matters, but is purely an appeal court, and it may decide only appeals and issues connected with appeals. The Supreme Court of Appeal may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court.

<p>The National Treasury is responsible for managing South Africa’s national government finances. Supporting efficient and sustainable public financial management is fundamental to the promotion of economic development, good governance, social progress and a rising standard of living for all South Africans. The Constitution of the Republic (Chapter 13) mandates the National Treasury to ensure transparency, accountability and sound financial controls in the management of public finances.<br><br>The National Treasury’s legislative mandate is also described in the Public Finance Management Act (Chapter 2). The National Treasury is mandated to promote government’s fiscal policy framework; to coordinate macroeconomic policy and intergovernmental financial relations; to manage the budget preparation process; to facilitate the Division of Revenue Act, which provides for an equitable distribution of nationally raised revenue between national, provincial and local government; and to monitor the implementation of provincial budgets.<br><br>As mandated by the executive and Parliament, the National Treasury will continue to support the optimal allocation and utilisation of financial resources in all spheres of government to reduce poverty and vulnerability among South Africa’s most marginalised.<br><br>Over the next 10 years National Treasury priorities include increasing investment in infrastructure and industrial capital; improving education and skills development to raise productivity; improving the regulation of markets and public entities; and fighting poverty and inequality through efficient public service delivery, expanded employment levels, income support and empowerment.<br><br></p>