Bicameralism in South Africa.

• Author: Mfeketo, Nomaindiya
• Position: Essay

During the transition following Apartheid, South Africa completely redesigned its constitution and its political institutions. This article looks at how bicameralism operates in that country.

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Both the South African and Canadian Parliaments subscribe to a system of bicameralism but I must hasten to point out that our system of bicameralism is firmly rooted within the unitary state system of governance whilst the Canadian one functions within the federal State system where provinces are regarded as autonomous. This actually differs from our system where provincial legislatures take their cue from the national parliament through a system of cooperative governance.

In reflecting on the concept of bicameralism itself, perhaps it is important to highlight that the institutions which form part of a bicameral system trace their origins to the medieval period when Kings would consult with trusted and respected members of different sections in society. Parliament came into existence to serve this practical purpose, and a bicameral structure was adopted because different forms of consultation with different sections of society were deemed more appropriate.

I am reminded of our unique situation in South Africa when we were determining how to establish a legislative body to adequately deal with the country's needs. During the Convention for Democratic South Africa (CODESA) negotiations, not only was an interim constitution adopted, but it was also decided that a bicameral system would be ideal for the country's needs. A bicameral Parliament was established, which resulted in the abolition of a racially and ethnically divided tri-cameral system which was in place. The then tri-cameral system catered to whites through the House of Assembly, coloureds in the House of Representatives and Indians in the House of Delegates. This system actually marginalised the African people since their affairs where designated in the homelands. As a way of endeavouring to deepen democracy and foster public participation, it was imperative for the Parliament of the Republic of South Africa to establish National Council of Provinces system as opposed to the Senate or Second House. Through this arrangement the process of public involvement through the law making processes has been enhanced and provinces are better placed to reach the members of the public.

I also draw attention to the mandate of our Parliament which forms the bedrock upon which our system of...