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What matters is who the leader of the party is and – to a lesser extent – who controls the extra-parliamentary wing of the party.

MPs are just automatons, so the argument goes, who must follow the instructions of the extra-parliamentary leaders of the party, no matter what.

This view of a pure proportional electoral system places political power firmly in the hands of the leader of the party and of the extra-parliamentary leadership of the party.

In this view, MPs are in no way accountable to voters.

In this judgment Chief Justice Mogoeng Mogoeng confirmed that there is an inherent tension between, on the one hand, the obligation of MPs to hold the executive accountable and to serve the people, and, on the other hand, to adhere to the discipline of their party.

In terms of this system, MPs are elected to the National Assembly because they belong to a political party and have been placed high up enough on their party’s electoral list to be elected to the National Assembly.

No one disputes the fact that if MPs displease the party leaders (if they “go rogue”, so to speak) by supporting a vote of no confidence against their own leader serving as President or Premier, the party has every right to “punish” them by not placing them on the electoral list before the next election (or by placing them so low down on the list that they would have no chance of being re-elected to Parliament). Before the Constitutional Court judgment in United Democratic Movement v Speaker of the National Assembly and Others (the so-called “secret ballot judgment”) many of us suspected that every political party has the right to expel an MP in accordance with the party constitution if the MP defies the instructions of the party leader.

The Prime Minister also promised to review the questions raised with her in 2014, when Ms Nandy had asked: “In the mid-1990s, a senior ex-Whip who had served in the 1970s told the BBC that the Whips Office routinely helped MPs with scandals, including those, in his own words, ‘involving small boys’, and that they did so to exert control over those individuals and prevent problems for the Government.

"That is just one powerful example of how personal and political interests can conspire to prevent justice from happening.” At the time Ms Nandy called for a commitment that the Child Abuse Inquiry being launched by Ms May would consider what happened in politics as well as in the police and social services, repeating the demand in a letter and later in the Commons.




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