Floor crossing (South Africa)
Encyclopedia
Floor crossing in South Africa
was a controversial system under which Members of Parliament
, Members of Provincial Legislatures and Local Government councillors could change political party (or form a new party) and take their seats with them when they did so. Floor crossing in South Africa was abolished in January 2009.
Floor crossing was originally enabled by amendments to the Constitution of South Africa
and other legislation passed by Parliament. The amendments removed clauses requiring members of the National Assembly to give up their seats should they change parties. According to the void amendments, floor crossing was only permitted twice in an electoral term, in the second and fourth years after the General Elections
, from the 1st to the 15th of September.
The United Democratic Movement (UDM) unsuccessfully challenged the constitutionality of floor crossing. A bill to amend the constitution to again prevent politicians from keeping their seats when joining other parties, dubbed "crosstitutes", was tabled in parliament in 2008. This was a consequence of the decision of the African National Congress at its December 2007 national congress in Polokwane to reject floor crossing.
The bill was passed by Parliament and floor crossing was subsequently abolished when President Kgalema Motlanthe assented to the constitutional amendment 6 January 2009.
Parties who gained floor crossers include the African National Congress
(ANC), Democratic Alliance (DA), New National Party (NNP), Sport Party,
Inkatha Freedom Party
(IFP), Phumelela Ratepayers Association, Potchefstroom Inwonersvereniging, Breedevallei Onafhanklik, and the Universal Party
Five parties were created by floor crossing in 2003, including the Independent Democrats (ID) and New Labour Party
(NLP); in 2005, the National Democratic Convention
(Nadeco) and Progressive Independent Movement (PIM).
and the New National Party in November 2001, as a means of formalising their unification into the Democratic Alliance. The African National Congress, which held the power in the legislature to change the constitution, did not favour the measure at the time, as they perceived the DA initiative to be a "congealing of a race and class based political opposition". However, when the NNP leadership announced their desire to leave the DA and form alliances with the ANC in 2001, the ANC passed the legislation. ANC chairman Mosiuoa Lekota
stated that the party's reasons for the legislation was "for some political realignment…and the break-up of racial power blocks".
Floor crossing was particularly controversial because South African MPs are elected by proportional representation
, and are nominated by political parties on a closed party list before a general election. Voters thus vote for a political party rather than for an individual MP. However, floor crossing allowed MPs to change parties, with the possible result that the composition of the elected bodies no longer represented the original vote count.
In a 15 January 2006 interview with the South African Press Association
, Inkatha Freedom Party President Mangosuthu Buthelezi
said: "Floor-crossing is like the HI virus
because it robs the political system of all honour, holding political parties hostage by rendering them unable to discipline their own members. It allows the emergence of careerists, self-serving politicians, which are a very strange breed because they do not honour the sanctity of the vote cast in the ballot box."
In 2005 the African Christian Democratic Party (ACDP) stopped accepting floor-crossers because "Floor-crossing is an absolute mockery of parliamentary democracy and results in deception, suspicion, accusation and 'cheque-book' politics."
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
was a controversial system under which Members of Parliament
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
, Members of Provincial Legislatures and Local Government councillors could change political party (or form a new party) and take their seats with them when they did so. Floor crossing in South Africa was abolished in January 2009.
Floor crossing was originally enabled by amendments to the Constitution of South Africa
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
and other legislation passed by Parliament. The amendments removed clauses requiring members of the National Assembly to give up their seats should they change parties. According to the void amendments, floor crossing was only permitted twice in an electoral term, in the second and fourth years after the General Elections
South African general elections
This article lists the general elections held in the history of South Africa:* South African general election, 1910 - Establishment of the Union of South Africa* South African general election, 1915* South African general election, 1920...
, from the 1st to the 15th of September.
The United Democratic Movement (UDM) unsuccessfully challenged the constitutionality of floor crossing. A bill to amend the constitution to again prevent politicians from keeping their seats when joining other parties, dubbed "crosstitutes", was tabled in parliament in 2008. This was a consequence of the decision of the African National Congress at its December 2007 national congress in Polokwane to reject floor crossing.
The bill was passed by Parliament and floor crossing was subsequently abolished when President Kgalema Motlanthe assented to the constitutional amendment 6 January 2009.
| Party | 2003 result | 2005 | 2007 2007 South African floor crossing window period The 2005 floor crossing window period in South Africa was a period of 15 days, from 1 to 15 September 2007, in which members of the National Assembly and the provincial legislatures, and municipal councils were able to cross the floor from one political party to another without giving up their seats... |
||
|---|---|---|---|---|---|
| gained | lost | gained | lost | ||
| African National Congress (ANC) | 0 | 0 | |||
| Democratic Alliance (DA) | -5 | 0 | 0 | ||
| Inkatha Freedom Party (IFP) | -3 | -5 | 0 | 0 | 0 |
| New National Party (NNP) | -8 | -7 | 0 | — | — |
| African Christian Democratic Party (ACDP) | -3 | 0 | — | 0 | |
| United Democratic Movement (UDM) | -10 | — | -3 | — | 0 |
| Freedom Front Plus (FF Plus) | 0 | 0 | 0 | 0 | 0 |
| United Christian Democratic Party (UCDP) | 0 | 0 | 0 | 0 | 0 |
| Pan Africanist Congress of Azania (PAC) | -1 | 0 | 0 | 0 | -2 |
| African Independent Movement (AIM) | — | — | — | — | |
| Alliance for Democracy and Prosperity (ADP) | — | — | — | — | |
| Azanian People's Organisation (Azapo) | 0 | 0 | 0 | 0 | 0 |
| Independent Democrats (ID) | 0 | -2 | 0 | -1 | |
| Minority Front (MF) | 0 | 0 | 0 | 0 | 0 |
| National Action (NA) | — | — | — | — | |
| Afrikaner Eenheid Beweging | -1 | — | — | — | — |
| Peace and Justice Congress (PJC) | 0 | — | 0 | — | |
| National Democratic Convention (Nadeco) | — | 0 | 0 | 0 | |
| United Independent Front (UIF) | — | 0 | 0 | -2 | |
| United Party of South Africa (UPSA) | — | 0 | 0 | -1 | |
| Federation of Democrats (FD) | — | 0 | 0 | 0 | |
| Progressive Independent Movement (PIM) | — | 0 | 0 | -1 | |
| African People’s Convention (APC) | — | — | — | 0 | |
| National Alliance (NA) | — | — | — | 0 |
Parties who gained floor crossers include the African National Congress
African National Congress
The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a...
(ANC), Democratic Alliance (DA), New National Party (NNP), Sport Party,
Inkatha Freedom Party
Inkatha Freedom Party
The Inkatha Freedom Party is a political party in South Africa. Since its founding, it has been led by Mangosuthu Buthelezi. It is currently the fourth largest party in the National Assembly of South Africa.-History:...
(IFP), Phumelela Ratepayers Association, Potchefstroom Inwonersvereniging, Breedevallei Onafhanklik, and the Universal Party
Universal Party (South Africa)
The Universal Party is a minor political party in South Africa. In the election of 22 April 2009 it appeared only on the Western Cape provincial ballot, and received 599 votes ....
Five parties were created by floor crossing in 2003, including the Independent Democrats (ID) and New Labour Party
New Labour Party (South Africa)
The New Labour Party was a minor South African political party founded by Peter Marais via floor crossing legislation after he left the New National Party in some disrepute. The name was chosen to evoke the former Labour Party led by the late Reverend Allan Hendrickse as an anti-apartheid Coloured...
(NLP); in 2005, the National Democratic Convention
National Democratic Convention (South Africa)
The National Democratic Convention is a South African political party formed in August 2005 via floor crossing legislation by Ziba Jiyane, the former Inkatha Freedom Party chairperson....
(Nadeco) and Progressive Independent Movement (PIM).
History
Floor crossing legislation was initially requested by the Democratic PartyDemocratic Party (South Africa)
The Democratic Party was the name of the South African political party now called the Democratic Alliance . Although the Democratic Party name dates from 1989, the party existed under other labels throughout the Apartheid years, when it was the Parliamentary opposition to the ruling National...
and the New National Party in November 2001, as a means of formalising their unification into the Democratic Alliance. The African National Congress, which held the power in the legislature to change the constitution, did not favour the measure at the time, as they perceived the DA initiative to be a "congealing of a race and class based political opposition". However, when the NNP leadership announced their desire to leave the DA and form alliances with the ANC in 2001, the ANC passed the legislation. ANC chairman Mosiuoa Lekota
Mosiuoa Lekota
Mosiuoa Gerard Patrick Lekota is a South African politician who currently serves as the President and Leader of the Congress of the People since 16 December 2008. Previously, under President Thabo Mbeki, he served in the Cabinet of South Africa as Minister of Defence from 17 June 1999 to 25...
stated that the party's reasons for the legislation was "for some political realignment…and the break-up of racial power blocks".
Floor crossing in practice
Generally speaking, the ruling ANC benefited the most from this system, but other parties also managed to gain seats this way. The ANC, and large parties in general, benefited the most from floor crossing because of a clause in the legislation that required ten percent of a party's caucus to cross the floor before any one member could cross. This means that if an ANC MP in the National Assembly wanted to cross the floor, he or she would need to rely on 30 of his or her colleagues to do the same because the ANC has 293 MPs in the National Assembly. It was far easier for public representatives of small parties to cross the floor since they needed to collude with fewer of their colleagues. If there were less than ten members in a caucus, the ten percent clause effectively allowed each member to cross the floor unilaterally.Criticism and controversy
The system was the source of much controversy, with many commentators arguing that it disenfranchised voters, by effectively allowing politicians to 'reallocate' votes as they saw fit. Other critics of floor crossing also argued that it lend itself to bribery and corruption. The official opposition, the Democratic Alliance, has pointed out that during the 2002 floor crossing window period in Cape Town, 87% of National Party Councillors that crossed to the ANC were appointed to a position with a better salary.Floor crossing was particularly controversial because South African MPs are elected by proportional representation
Party-list proportional representation
Party-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...
, and are nominated by political parties on a closed party list before a general election. Voters thus vote for a political party rather than for an individual MP. However, floor crossing allowed MPs to change parties, with the possible result that the composition of the elected bodies no longer represented the original vote count.
In a 15 January 2006 interview with the South African Press Association
South African Press Association
The South African Press Association, commonly known as SAPA, is the national news agency of South Africa.-History:The agency was established on July 1, 1938, by major South African newspapers to facilitate the sharing of news. Reuters had dominated the internal supply of news in South Africa until...
, Inkatha Freedom Party President Mangosuthu Buthelezi
Mangosuthu Buthelezi
Inkosi Mangosuthu Buthelezi is a South African Zulu politician who founded the Inkatha Freedom Party in 1975 and continues to lead the party today.His praise name is Shenge.-Early life:...
said: "Floor-crossing is like the HI virus
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
because it robs the political system of all honour, holding political parties hostage by rendering them unable to discipline their own members. It allows the emergence of careerists, self-serving politicians, which are a very strange breed because they do not honour the sanctity of the vote cast in the ballot box."
In 2005 the African Christian Democratic Party (ACDP) stopped accepting floor-crossers because "Floor-crossing is an absolute mockery of parliamentary democracy and results in deception, suspicion, accusation and 'cheque-book' politics."
List of Parliamentary floor crossings
- 2003
- 2005
- 20072007 South African floor crossing window periodThe 2005 floor crossing window period in South Africa was a period of 15 days, from 1 to 15 September 2007, in which members of the National Assembly and the provincial legislatures, and municipal councils were able to cross the floor from one political party to another without giving up their seats...