Second chamber as a site of legislative intergovernmental relations: An African federation in comparative perspective
Abstract
South Africa, a country that does not recognize itself as a federation, has
established a second chamber that is probably ideal for legislative
intergovernmental relations. The National Council of Provinces is explicitly
mandated to represent provincial interests. This is so both in terms of
composition and the authority it enjoys in influencing national legislation.
This article argues that the functioning of the second chamber tells a different
story. The South African experience reveals that a properly designed second
chamber may not deliver the desired result of facilitating legislative
intergovernmental relations owing to internal operational rules that do not
allow subnational governments to properly consider a bill, formulate a
mandate that reflect subnational concerns and instruct their delegation to
vote accordingly. Intergovernmental relations, as a result, continues to be the
domain of the executive, denying the federation the benefit of an institution
for intergovernmental relations that is open to public scrutiny.