The mandate of political representatives with special reference to floor crossing: a legal historical study

Abstract

South Africa has had a free mandate theory of representation up to 1994. From 1994 to 2002 an imperative theory applied and in 2003 a limited hybrid free mandate was introduced. The origin of parliament, the development of representation as a concept in Public Law and the birth of political parties are studied. It is shown that parliament and representation were natural developments that occurred at the same time, not by grand design, but by chance. It is also shown that political parties appeared first as informal intra-parliamentary groupings that developed into extra-parliamentary organisations, organised to achieve and exercise power in the political system as the franchise became more liberal. The factors that influence a member's mandate and floor-crossing as such are discussed. Finally it is concluded that from a legal historical perspective, a free mandate of representation is the preferred theory of representation in public law.