Relationship between the executive and legislative authority in South Africa with reference to the role of the leader of government business in the legislative and oversight processes

Abstract

The relationship between the executive and the legislature in South Africa is determined by the Constitution. The study focuses on the separation of powers in a single party-dominant system and examines the role of the Leader of Government Business in parliamentary processes. The Leader of Government Business is appointed by the President in terms of Section 91(4) of the Constitution. The role is outlined in the terms of National Assembly Rule (150), while the functions have been developed over time since 1994. Though an executive function an office in parliament was established to act as conduit between the executive and the legislature on matters relating to the legislative and oversight processes. The office mainly fulfills its role by monitoring government‟s legislative programme and ensuring that government‟s priorities are achieved. Over the past 15 years, the office of the LOGB has developed into one that performs a dual function supporting both the executive and the legislature. Parliament relies more and more on this office in executing its oversight responsibilities with regard to the functions of programming in ensuring the availability of the executive, tracking matters of executive compliance and tracking vacancies in institutions that support democracy. The study employed a combination of research methods. It used a desk top study approach by consulting relevant literature on the subject matter. Interviews were conducted with both politicians and relevant officials in the South African Parliament and the House of Commons in Britain to gauge their perceptions, knowledge and experiences in respect of the role of the executive and the legislature in the legislative and oversight processes. Reports of Portfolio and Select Committees on deliberations during the legislative and oversight processes were consulted.