South Africa: Voters vote for people and parties —
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South Africa: Voters vote for people and parties

Symposium on floor-crossing in South Africa. Centre for Policy Studies.

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	<p class="style4" align="left">Synopsis</p>

<div align="left">
    <p class="bodycopy"> <strong><font size="3">Voters vote for people and parties</font></strong></p>
    <p class="bodycopy">‘Floor-crossing' legislation has been opposed on
      the grounds that, in terms of the current electoral system, voters vote
      for parties and not for candidates. Thabo Rapoo argues that, even in terms
      of a party list system, the act of voting is not that simple</p>
    <p class="bodycopy">Several opposition parties, notably the UDM and DA, argue
      that, given South Africa's list system of proportional representation, floor-crossing
      contradicts the `will of the voters' because the latter vote for a political
      party rather than a particular politician.</p>
    <p class="bodycopy">This argument is problematic for three reasons. Contrary
      to popular perceptions, the party list (PL) system does entail the notion
      of 'constituency'. In a simple plurality system based on single-member constituencies,
      the entire country is carved up into a large number of geographic constituencies,
      with roughly the same number of voters, in order to provide reasonably fair,
      if not equal, representation. Political parties nominate single candidates
      in each constituency to contest the elections against similar candidates
      from other parties, and a single winner elected by a simple majority represents
      the entire constituency.</p>
    <p class="bodycopy">This is currently the case in the United Kingdom. However,
      the PL system can also operate in larger, multi-member constituencies. In
      fact, under the PL system, districts or even regions - and in some cases
      entire countries - serve as multi-member constituencies.</p>
    <p class="bodycopy">In South Africa, where the PL system currently operates
      at the national and provincial levels, and partially at the local level,
      the entire country is a multi-member constituency for the national assembly
      elections. Provinces are multi-member constituencies for provincial legislatures,
      and indirectly for the National Council of Provinces (ncop). At the local
      government level where the PL system applies (ie where councillors are not
      elected in wards), municipalities also serve as multi-member constituencies.</p>
    <p class="bodycopy">Under the PL system, political parties release lists of
      candidates for the elections in question. Some of them - in direct proportion
      to the votes received by their parties - gain seats in parliament, provincial
      legislatures, and municipal councils.</p>
    <p class="bodycopy">One of the main arguments against allowing floor-crossing
      under a PL system is that voters vote for parties rather than candidates.
      This is a simplistic and mechanistic understanding of the meaning of voting
      for a party. A vote cast for a party in terms of the PL system should not
      be regarded as a vote for the party alone, but also for the the candidates
      on that party's list. The same is true in respect of simple plurality systems
      in single-member constituencies; when a voter votes for a candidate, he/she
      is also expressing a preference for their party; in fact, in such systems,
      party affiliation is typically far more important than the personalities
      of particular candidates. Therefore, in both systems, votes are an expression
      of preference for parties as well as candidates.</p>
    <p class="bodycopy">Secondly, the argument that voters vote only for parties
      seems based on a curious conception of 'political parties' - as if they
      are inanimate and alien entities that exist over and above the individuals
      who constitute them. Political parties are associations of individuals who,
      in principle at least, share and subscribe to a set of common beliefs, values,
      and goals, as well as a desire to win control or become part of government.
      In addition, while the actual ballot papers (especially in PL systemns)
      may not display the names of party candidates, as would be the case in a
      single-member constituency system, in South Africa parties do have to publish
      the names of their candidates. Therefore, seats won by a party will be occupied
      by some of the individuals who constitute that party.</p>
    <p class="bodycopy">Citizens are able to study these lists before casting
      their votes. The fact that voters currently vote for parties rather than
      candidates is not an essential characteristic of PL systems; it is a technicality
      that could be rectified by encouraging political parties to publicise these
      names more effectively and disseminate them more widely to citizens. Incidentally,
      it is customary in this country, as elsewhere, for candidates to campaign
      on behalf of their parties. This often involves canvassing individuals as
      well as groups of citizens, providing vital opportunities for citizens to
      realise that they will not merely be casting their votes for inanimate,
      faceless, and unidentifiable entities.</p>
    <p class="bodycopy">Therefore, voters under a PL system typically do have
      some knowledge about their party's members who will occupy seats in representative
      institutions of government. It can be argued that citizens choose their
      parties with some knowledge of individual candidates or even leading figures
      who appeal to them because of the ideas, values, and policies they represent.
      Also, the individual or collective traits of party candidates such as charisma,
      bravery, intelligence, and manners, as well as characteristics such as age,
      gender, race, religion, class, and so on do play a significant role in individual
      voters' choice of a party. We can therefore safely conclude that expression
      of preference for a particular political party in a PL system also serves
      to some extent as an expression of choice for that party's candidates. After
      all, without their members and candidates - individually or collectively
      - political parties may not exist, let alone secure support from citizens.</p>
    <p class="bodycopy"><strong><font size="2">Grave implications</font></strong></p>
    <p class="bodycopy">Thirdly, the argument against floor-crossing on these
      grounds may have grave theoretical and practical implications. It may privilege
      the status quo, and therefore reinforce or even justify the current tendency
      in our political system to place too much power and authority in the hands
      of party leaders who often see themselves as 'the party', at the expense
      of ordinary party members and citizens.</p>
    <p class="bodycopy">One of the current criticisms of our electoral system
      is that it turns public representatives into 'party animals' who are loyal
      to their party bosses rather than the electorate. This is a valid criticism,
      and one that can be addressed effectively by ensuring that public representatives
      are as accountable to ordinary citizens as possible, whether in a PL system
      or not. That is why the view that, in a PL system, votes are indications
      of preference for a party alone may help to reinforce and therefore justify
      authoritarian tendencies among party bosses in South Africa. Such a view
      may strengthen their perceptions that they are entitled to demand and expect
      complete loyalty from party representatives at the expense of accountability
      to citizens.</p>
    <p class="bodycopy">In sum, the fact that, in South Africa, voters place their
      crosses against the names of parties rather than those of individual candidates
      is insufficient reason to argue that they are only voting for those parties
      and not for their candidates. Therefore, this cannot be advanced as the
      sole reason why floor-crossing in a PL system violates the 'will of the
      voters'.</p>
    <p class="bodycopy">Thabo Rapoo is a senior CPS researcher.</p>
    <p class="bodycopy"><br>
      --------------------------------------------------------------------------------</p>
    <p class="bodycopy"><strong><font size="3">THE ANC AND KWAZULU-NATAL</font></strong></p>
    <p class="bodycopy"><strong><font size="2">Winner doesn't have to take all</font></strong></p>
    <p class="bodycopy">If floor-crossing is legalised, the ANC could gain control
      of KwaZulu-Natal. But would this be prudent? Kenny Hlela and Thabo Rapoo
      argue that, should it wish to gain outright control of this heavily politicised
      province, it might be better for the ANC to win an election</p>
    <p class="bodycopy">There is a saying that 'power corrupts', and ‘absolute
      power corrupts absolutely'. The current debate on floor-crossing legislation
      seems to validate this statement. Both the ruling party and opposition parties
      seem obsessed with executive control, and invariably equate influence with
      being in power. However, parties can wield political influence without necessarily
      being in power.</p>
    <p class="bodycopy">These considerations have become relevant because of the
      situation surrounding the governance of KwaZulu-Natal (KZN). Earlier this
      year, anticipating the original floor-crossing legislation, five MPLS from
      the DA, IFP and UDM crossed the floor to the ANC. When the constitutional
      court blocked the legislation, the five were expelled by their previous
      caucuses and replaced by others, thus effectiely losing their seats. However,
      the constitutional amendments currently being prepared by the department
      of justice to allow floor-crossing in all spheres of government will probably
      be retroactive. This means that the five members will be restored to their
      seats and allowed to defect to the ANC, which will make the latter the largest
      single party in the provincial legislature - and thus allow it to take over
      the provincial government.</p>
    <p class="bodycopy">Constitutionally, and in terms of democratic conventions,
      a party that gains a majority in a legislature, whether through elections
      or by other means, can form a government. Having failed to win control of
      the province in the two previous elections, the ANC now seems determined
      to do so by means of floor-crossing. But would this be desirable? This article
      suggests that it may not be. Moreover, it also suggests that the ANC does
      not necessarily have to gain full executive control in order to wield significant
      political influence in the province.</p>
    <p class="bodycopy">Symbolism plays a critical role in politics throughout
      the country, but especially in KZN. This province has a history of violent
      conflict between the two major parties that are currently governing it.
      The fact that the IFP is in power, and has been for the past eight years,
      has an important symbolic significance, and plays a stabilising role. Should
      it be removed from power in a way that fails to respect this symbolism,
      it might destabilise the province to the detriment of the whole country.
      This is precisely what may happen should floor-crossing at the provincial
      level be allowed.</p>
    <p class="bodycopy"><strong><font size="2">Allure of power</font></strong></p>
    <p class="bodycopy">The ANC's overwhelming desire to assume control of the
      province is based on two considerations. The first is that KZN is one of
      only two provinces in which it has never won an election, thus enabling
      it to rule on its own. There is an irresistible drive within every political
      party to win elections and form governments. For the ANC in KZN, this is
      even more tempting; the allure of gaining power in the province for the
      first time is overwhelming.</p>
    <p class="bodycopy">The second imperative is based on the notion not only
      within the ANC but also within other political parties that the only way
      to exercise real influence in matters of governance is by being directly
      in power - hence the desire of the ANC to wrest control of the province
      from the IFP. The premiership of the province has become the prize to be
      won, and the ANC may believe that not winning it is tantamount to having
      no meaningful influence at all. However, for the ANC, which already governs
      seven other provinces, and forms part of a coalition government in the Western
      Cape, power at all costs in KZN may not necessarily be politically prudent.
      It risks projecting an image of a party that is concerned with public positions
      rather than serving the electorate.</p>
    <p class="bodycopy">While this may not be clear to the party at this stage,
      gaining control of KZN by means of floor-crossing creates the risk that
      it may appear to be too politically greedy and merely concerned with its
      short-term interests, rather than the long-term interest of the province
      as a whole. KZN does not need another potentially explosive conflict between
      the ANC and IFP which might result from perceptions that the latter is being
      outmanoeuvred and humiliated. Moreover, if the IFP is unseated as a reuslt
      of floor-crossing rather than losing an election, it may gain renewed sympathy
      among voters.</p>
    <p class="bodycopy"><strong><font color="#333333" size="2">Meaningful influence</font></strong></p>
    <p class="bodycopy">Therefore, if the ANC does eventually manage to have the
      floor-crossing legislation accepted as constitutional, and gains a majority
      in the KZN legislature as a result, it is not necessary for the party to
      take control of government, and especially the premiership. It could exercise
      far more meaningful political influence by maintaining the status quo (i.e.
      remaining a junior partner in the coalition government in the province).
      It could allow the IFP to retain symbolic political power by retaining the
      premiership and more seats within the KZN executive committee.As long as
      the ANC has a majority in the provincial legislature, it could ensure that
      the premier and his cabinet are closely scrutinised and effectively held
      accountable to the legislature.</p>
    <p class="bodycopy">The ANC would have far more effective power over the business
      of the provincial legislature, including its many portfolio committees,
      especially the all-important standing committee on public accounts. In addition,
      given its majority in the legislature, the ANC would be able to control
      the policy agenda of the provincial government, ensuring that the IFP-controlled
      provincial executive does not do anything that the legislature has not agreed
      to. The ANC could also appoint its members to influential positions within
      the legislature, such as speaker, deputy speaker, and leader of the house.</p>
    <p class="bodycopy">This will be a more meaningful way of exercising power
      than taking over the provincial executive and premiership. Therefore, sacrificing
      these two arenas of power and influence for reasons of political symbolism
      would not necessarily mean a great loss of real political influence for
      the ANC in KZN. In fact, exercising power through the premiership and the
      provincial executive without the necessary majority in the house might be
      extremely difficult for the IFP. The constant threat of losing a vote of
      confidence might induce moderation within the IFP in its dealings with the
      ANC. On the other hand, not being in charge of the provincial premiership
      and the executive might be a price the ANC should pay for exercising real
      influence and political power in the province. The advantage for the ANC
      would be that, while it would exercise real power and influence behind the
      scenes, it would be absolved from blame should policies fail. Symbolically,
      the party in charge of the premiership and the provincial executive will
      have to assume responsibility for a failure to deliver services to citizens.</p>
    <p class="bodycopy">Therefore, while it might be legally and constitutionally
      acceptable for the ANC to assume control of KZN through floor-crossing,
      it may not be politically prudent. While this may run counter to democratic
      conventions and constitutional theory, in practice there is nothing that
      prevents a party with a majority of members to remain in opposition. This
      is necessary, at least in KZN, to prevent potential political instability
      resulting from 'floor-crossing'. </p>
    <p class="bodycopy"><strong><font size="2">Elections</font></strong></p>
    <p class="bodycopy">Should floor-crossing eventually be declared constitutional,
      the ANC may need to resist the temptation to take control of the province,
      despite its majority in the legislature, There are other ways of exercising
      power and influence without necessarily taking over the premiership and
      provincial executive committee. Should the ANC really want to gain control
      of the KZN government, it may be more prudent for it to do so by winning
      the 2004 elections.</p>
    <p class="bodycopy"> --------------------------------------------------------------------------------</p>
    <p class="bodycopy"><strong><font size="3">OPPOSITION AND FLOOR-CROSSING</font></strong></p>
    <p class="bodycopy"><strong><font size="2">Even democracy is not perfect</font></strong></p>
    <p class="bodycopy">Will the floor-crossing legislation 'undermine democracy',
      as opposition parties have stridently alleged? Instead of protesting so
      loudly, argues Kenny Hlela, those opposition parties should work to strengthen
      their internal structures and their links with voters</p>
    <p class="bodycopy">The debate on the merits or otherwise of the floor-crossing
      legislation has exposed some of the hypocricies underlying South African
      politics. Except for the NNP, all opposition parties have described its
      introduction by the ruling party as a subversion of democracy; however,
      a closer analysis reveals that this charge may contain a good dose of opportunism.</p>
    <p class="bodycopy">The German political philosopher Jürgen Habermas
      argued that if formal processes of law-making in modern societies were to
      remain legitimate, they had to take account of the concerns of ordinary
      citizens.1 It would be difficult to gauge how much support the proposed
      legislation has on the ground without some kind of referendum. However,
      it is easier to assess the general feeling among members of the country's
      elite, because they have access to the media. Throughout our history, certain
      sections within this group have claimed to speak on behalf of those who
      do not have access to the public debate, and have often presented their
      views as the views of the populace.</p>
    <p class="bodycopy">The floor-crossing legislation might not be of great concern
      to the ordinary voter, but has been presented as such. Is describing the
      proposed legislation as a 'subversion of democracy' an overstatement? If
      it allowed a one-way defection to the ruling party only, it would obviously
      be unacceptable. But, as it stands, no political party is immune, and if
      most of the defections flow in that direction, this cannot be blamed on
      the ruling party. The legislation has shown that even public representatives
      elected as members of opposition parties are susceptible to changing their
      allegiances. Whether they are motivated by patronage is beside the point.</p>
    <p class="bodycopy">The issue of the constitutionality of the legislation
      has clouded the debate, as have the selective appeals to democratic principles.
      The question should have been: how do we find a workable alternative to
      a 'one-party dominant' system? The view that such systems are not good for
      democracy, particularly in a 'deeply divided' society such as South Africa,
      influenced the constitutional negotiations prior to the 1994 election, and
      is heavily influencing opposition parties in the current debate as well.
      I believe it is difficult to come to that conclusion in South Africa, because
      our democracy has not been sufficiently tested; but that is another issue.</p>
    <p class="bodycopy">The DA appears to be satisfied with describing the current
      trends as an attempt by the ruling party to undermine democracy. However,
      while the IFP has also described the legislation as 'immoral, vile and despicable',2
      it has acknowledged that it needs to reform itself internally by ensuring
      that its office-bearers and public representatives are more concerned about
      their supporters, and are properly grounded in their communities.</p>
    <p class="bodycopy">This is the route other opposition parties should contemplate
      as well, instead of engaging in debates that are unlikely to help their
      cause. If there is one thing the proposed legislation has achieved, it has
      been to expose the weaknesses of our opposition parties.</p>
    <p class="bodycopy">The IFP appears to have learnt something from voting trends
      in the country. In the national and provincial elections of 1999, it lost
      almost 10 per cent of its support in its 'core' province of KZN; it received
      41,90 per cent of the vote compared to the ANC's 39,38 per cent - far less
      than its overwhelming majority in the first democratic election.3 This was
      one of the factors that forced the IFP to form a coalition government with
      the ANC. The current debate lacks an analysis of these trends at the grass
      roots.</p>
    <p class="bodycopy">It has been argued that the floor-crossing legislation
      will do voters a disservice because it will allow a movement of public represenatives
      towards the ruling party that is not reflected among voters at the grass
      roots. This implies that party-political support at the grass roots has
      remained static. But a comparison of the past two national elections - especially
      in KZN and the Western Cape - paints a different picture.</p>
    <p class="bodycopy">The recent political history in KZN has been one of intense
      rivalry between the IFP and the ANC, often leading to violent conflict.
      So-called IFP or ANC 'strongholds' still exist in some areas. The ANC is
      aware that, if it wants to gain control of the province, it has to make
      inroads into the IFP's mainly rural power base. Recent trends in national
      and provincial elections show that the ANC has partly achieved that goal.</p>
    <p class="bodycopy">For example, in the general election of June 1999 most
      voting districts in the peri-urban area of Sweetwaters near Pietermaritzburg
      were won by the IFP, but the ANC did quite well, winning two of nine voting
      districts. The IFP has more support among older people, while the ANC has
      more support among youths and the educated elite. This is particularly true
      in areas such as Sweetwaters that are still administered by 'traditional
      authorities'.</p>
    <p class="bodycopy">The ANC did not canvass in these areas before the elections,
      as they were regarded as IFP strongholds and therefore impenetrable by the
      ANC. But these results show that rural communities such as those in Sweetwaters
      have other means of accessing infromation, such as television, and that
      many of their members work in urban areas.4</p>
    <p class="bodycopy">In the Indlovu Regional Council elections the ANC won
      41,57 per cent of the vote, and the IFP 49,23 per cent. This close contest
      also demonstrates that the power of traditional leaders to control their
      'subjects' is limited; the ANC performed well despite the fact that 90 per
      cent of traditional leaders in this region support the IFP.</p>
    <p class="bodycopy">The closer competition between the two political parties
      therefore shows that the environment in rural KZN has changed, and that
      the authority of traditional leaders may be declining. Apartheid laws restricting
      the free movement of people worked to the advantage of traditional chiefs.
      Following the transition to democracy, peasants and other members of rural
      populations have more freedom to move as around as they please; people are
      'subjects' or 'citizens' as and when it suits them.</p>
    <p class="bodycopy">To conclude, the notion that the floor-crossing which
      the legislation may trigger off will be unsupported by shifts in party-political
      support at the grass roots might need to be rethought. Also, to assume that
      patterns of support among voters are static may misrepresent what is actually
      happening. Instead of displaying mass hysteria about the possible effects
      of the new legislation, opposition parties should rather strengthen their
      structures in order to minimise its impact.</p>
    <p class="bodycopy">Another argument being used against the legislation is
      that it will give the ruling party an asymmetric ability to attract elected
      representatives of other parties, because of its ability to dispense patronage
      in the form of government positions. However, parties in power always have
      this advantage, whether at the local or national level, and their voter
      support only fails in case of a sustained failure to deliver. Opposition
      parties will do well to recognise this built-in bias, and to work as hard
      as possible to minimise its effects.</p>
    <p class="bodycopy">I have tried to show that these issues are more complex
      than most people are prepared to acknowledge, and also that we need to live
      with the fact that democracy is not a perfect system.</p>
    <p class="bodycopy">Kenny Hlela is a CPS researcher.</p>
    <p class="bodycopy"><strong><font size="2">Endnotes </font></strong></p>
  </div>
  <ul>
    <li>
      <div class="bodycopy" align="left">Jürgen Habermas, Between facts and
        norms: contributions to the discourse of law and democracy, Cambridge:
        Polity Press, 1997. </div>
    </li>
    <li>
      <div class="bodycopy" align="left">Business Day, 12 September 2002 </div>
    </li>
    <li>
      <div class="bodycopy" align="left">The ANC received 1 185 669 votes in 1994,
        but 1 176 926 votes in 1999. The IFP received 1 622 385 votes in 1994
        and 1 196 955 in 1999. More people voted in 1994 than in 1999: 3 750 606
        against 2 958 963. There was no voters'roll in 1994 - hence the decrease
        in numbers for 1999, other than apathy. Also, some irregularities probably
        took place in 1994. There were allegations to this effect, and the results
        were to a certain extent a compromise agreed on by pollitical actors.
      </div>
    </li>
    <li>
      <div class="bodycopy" align="left">Most of the people of Sweetwaters work
        in Pietermaritzburg. </div>
    </li>
  </ul>
  <div align="left">
    <p class="bodycopy"><br>
      --------------------------------------------------------------------------------</p>
    <p class="bodycopy"><strong><font size="3">VOTERS' MANDATES</font></strong></p>
    <p class="bodycopy"><strong><font size="2">Representatives are more than voters'
      mouthpieces</font></strong></p>
    <p class="bodycopy">The debate on floor-crossing touches on the important
      notions of 'representation' and 'mandate'. Thabo Rapoo points out that,
      in the South African political tradition, political representatives are
      trustees rather than delegates</p>
    <p class="bodycopy">The issue of floor-crossing has provoked arguments that
      touch on some of the most important concepts involved in representative
      democracy. Among them is the argument that floor-crossing would violate
      the mandates voters confer upon political parties, especially in our electoral
      system based on party lists and the principle of proportional representation.</p>
    <p class="bodycopy">This view is based on a problematic understanding of the
      concepts of 'representation' and 'mandate'. Rethinking them may help to
      move the debate on this issue in a more fruitful direction, with floor-crossing
      becoming a less emotive issue among politicians and commentators alike.</p>
    <p class="bodycopy">South Africa's democratic political system is based on
      the idea of indirect popular government based on the principle of 'representation'
      rather than direct popular self-government. Citizens do not govern themselves
      directly, but indirectly through elected public representatives. Therefore,
      institutions of political representation and others derived from them are
      based on the notion that our public representatives are 'trustees' rather
      than 'delegates'. The concept of 'delegation' essentially denotes that authority
      is transferred from one individual or group to another, and that the latter
      is meant to serve as a channel for that delegated authority, or as an agent
      of the delegating individual or group in decision-mking. What this implies
      is that, in a system based on the concept of 'delegative representation',
      public representatives are authorised only to convey accurately, truthfully,
      and faithfully the specific views or instructions of their followers without
      imposing their own opinions or interpretations.</p>
    <p class="bodycopy">In that sense, public representatives or even political
      parties serve as mere 'mouthpieces' or 'conveyor belts' for their constituents
      or followers, with limited scope to interpret or alter these instructions
      without seeking their constituents' approval. Therefore, the mandates conferred
      upon political parties or candidates need to be construed as virtually inviolable
      instructions, to be faithfully obeyed by political parties or public representatives.
      Every time public representatives are faced with decisions that could potentially
      violate these mandates, they are obliged to seek fresh mandates from their
      constituents. To ensure that delegative representatives faithfully reflect
      the views of their followers in decision-making processes, they are usually
      subject to instant recall or immediate removal by their constituents.</p>
    <p class="bodycopy">By contrast, in terms of the notion of representation
      as 'trusteeship', public representatives have considerable freedom to exercise
      their judgement in pursuing the 'interest' of their followers. This does
      not necessarily mean that, in exercising this freedom of judgement, public
      representatives will always accurately reflect the interests of their followers.
      Moreover, this 'interest' may not even always be clear, or easy to ascertain.
      And even if the interest of followers were clear at certain times, such
      as elections, this may not always be so at other times. The notion of 'trusteeship'
      is central to modern liberal democracies around the world, including South
      Africa. It provides public representatives or political parties with a measure
      of freedom to govern and make decisions in the name of their constituents
      without having to constantly seek approval for fear of instant recall or
      sanction.</p>
    <p class="bodycopy">In addition, such a system does provide safeguards in
      that regular opportunities exist - in our case once every five years - for
      citizens to pass judgement on the way in which public representatives or
      political parties have exercised their judgement. If, in the process, public
      representatives or political parties erred and offended their followers
      or violated their mandates, then the followers may exercise their own judgement
      by withdrawing their current mandates or refusing to grant a new one.</p>
    <p class="bodycopy">South Africa's system of democratic government is essentially
      elitist, based on the notion of representative trusteeship. This means that
      public representatives have considerable discretion and freedom to exercise
      their judgement in decision-making without constantly having to seek the
      approval of their followers. In principle, this applies to all decisions
      politicians make, whether or not on behalf of their constituents, including
      a decision to cross the floor. If the followers take a dim view of floor-crossing
      by their public representatives, an opportunity exists in our system for
      them to impose sanctions by withdrawing the mandate they had conferred upon
      their preferred political parties and candidates at the time of their election.</p>
    <p class="bodycopy">The view that floor-crossing violates voters' mandates
      appears to be premised on the idea of 'delegative representation' in terms
      of which political mandates are immutable commands, to be faithfully conveyed
      or obeyed by political parties or public representatives under all circumstances
      and at all costs. This understanding of representation unnecessarily portrays
      public representatives and political parties as unthinking conveyor belts
      for instructions from electors. Equally, such a view also appears to construct
      electors as a group with unity of purpose, clearly defined interests, and
      an unambiguous mandate to be implemented as is by their political parties.</p>
    <p class="bodycopy">However, understanding representation as 'representative
      trusteeship' allows us to see the voters' mandate not as a set of inviolable
      instructions but as set of expectations, programmes, policies, or even promises
      to be realised by political parties exercising freedom and independence
      of judgement or discretion. This freedom applies to decisions that political
      parties and their members may routinely make in the process of fulfilling
      their functions.</p>
    <p><span class="bodycopy">Thus, a decision by a member of a political party
      to cross the floor should be understood in this context as an inevitable
      and integral aspect of the system. This will allow us to move beyond the
      conceptual hurdles in current debates on floor-crossing imposed by our understanding
      of representation as 'delegative representation', and 'mandate' as a set
      of inviolable instructions from citizens. This does not imply that decisions
      to cross the floor are and will always be taken on the basis of ethically,
      politically, and morally acceptable considerations. It merely suggests that,
      within a system like ours, based on the notion that public representatives
      are trustees, the decisions of public representatives to change membership
      of parties should not be seen as undemocratic. They are an inevitable aspect
      of our system, and entirely consistent with the notion of 'representative
      trusteeship'. </span></p>

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