PARLIAMENT

RESEARCH UNIT OF THE REPUBLIC OF SOUTH AFRICA

A Comparative Analysis on the Role of Prime Ministers in England, Canada, Lesotho, Namibia and India.

7 March 2008

1. Introduction

In politics, government refers to the governing authority within a political society. In the contemporary context, it refers to the three branches of government, namely the Executive, the Legislature and the Judiciary.

The Executive branch of government is responsible for the day to day running of a country and also consists of the Head of State. Central to the notion of the branches of government, is the notion of separation of powers, where the Executive does not possess the power to make laws or interpret them. These functions fall within the exclusive capacity of the Legislature and the Judiciary, respectively. In a global context, each sovereign state is responsible for the management of that state and subsequently various forms of the government exist. This paper will provide a comparative analysis of the role of Prime Ministers, initially providing a brief explanation of relevant political terms (such as Parliamentary and Presidential systems). The situation with regard the role of Prime Ministers in a number of developed countries (Canada and the United Kingdom) as well as developing countries (India, Lesotho and Namibia) will also be discussed in some detail.

2. Terminology

The political context within which a Prime Minister functions is highly relevant as this will provide a basis for the understanding the role and duties of the Prime Minister. Factors such as the system of government and the electoral system are highly important for the determination of the functions of the Prime Minister and how he is elected.

Systems of Government

In politics, two main types of government exist: the presidential system of government and the parliamentary system of government.

A presidential system (or congressional system) is a system of government "where an executive branch exists and presides separately from the legislature, to which it is not accountable and which cannot in normal circumstances dismiss it. The defining feature of a presidential system is the way in which the executive is elected (this will be discussed below), however, generally the salient features of a presidential system are:

· That the president is both the head of the state and head of government.

· The president does not possess the ability to legislate as he is not a voting member. Moreover, he does not possess the ability to introduce bills. However, the president in his capacity may veto certain acts of the legislature, who in turn may, through a supermajority, overturn his veto.

· The president has a fixed term of office separate of that of the legislature.

· The executive branch of a presidential government is separate from that of the legislature and is appointed by the president and must carry out the objectives of both the president and the legislature. When the president appoints the cabinet, he requires the approval by the legislature.

As has already been mentioned, the most important characteristic of a presidential system is the way in which the president is elected. The president is elected via a separate vote as to that for the legislature. Essentially, the president is voted for directly by the people via a popular vote. Supporters of the presidential system of government argue that a popularly elected president is more democratic than a leadership elected by a legislative body.

Parliamentary systems of government are highlighted by the fact that the executive branch of government is directly or indirectly dependant on the support of the legislature, which is expressed through a vote of confidence. The salient feature of a parliamentary system of government is that it is directly responsive to the needs of the people, where the legislature is responsible for the appointment of the president and his cabinet. Moreover, where there exists political party plurality, a system of proportional representation remains the preferred electoral system.

An advantage of a parliamentary system of government is that it is the most suitable system of government in countries that are ethnically, racially or ideologically divided, e.g. South Africa.

Head of State vs Head of Government

To understand the role of a Prime Minister, it is also important to distinguish between the Head of State and the Head of Government. In the political context, the Head of State refers to the President, whilst the Head of Government refers to the Prime Minister.

A Head of Government refers to the .chief officer of the executive branch of a government, often presiding over a cabinet."4 In jurisdictions that employ the parliamentary system of government, this person is referred to as the Prime Minister. However, in presidential systems, this person is often referred to as the President or the Monarch. In situations where there is a mixed system, the Head of Government is accountable to both the Head of State and the Legislative Authority. An example of this would be a situation where the President of the Republic appoints a Prime Minister to take control of government business. The Prime Minister in this instance needs to obtain the support of the National Assembly or Legislative Authority. This is particularly difficult in situations where the opposition has control of the Legislative Authority. In such situations, the Prime Minister controls internal state policy, whilst the President controls foreign relations and policy.

The Head of State refers to the individual who serves as the chief public representative who represents the continuity and legitimacy of the government. In monarchies, the Head of State is represented by the sovereign, or King or Queen. Essentially, the Head of State is responsible for the diplomatic affairs of the state i.e. accrediting the Ambassadors and High Commissioners. However, the Head of State is also responsible for the appointment of key government officials, including members of the cabinet, the prime minister, members of the judiciary and all other office holders. In parliamentary systems, these persons are chosen with the consent of the legislature. In presidential systems, appointments are made with the Presidents sole discretion, whilst the nomination is made with the parliamentary confirmation. In essence, the President chooses from the lists approved by legislative authority. The same can be said for the removal of public office holders.

The type of electoral system is also important in the role of the Prime Minister in that a different electoral system is required for the election of the President and the Legislature. It is therefore important to include a discussion on the types of electoral systems that are most commonly used.

Electoral Systems: Proportional Representation (PR),5 First-Past- The-Post (FPTP), 6 Mixed/Hybrid Systems

Proportional representation (PR) is an electoral system delivering a close match between the percentage of votes that groups of candidates (grouped by a certain measure) obtain in elections and the percentage of seats they receive.

Various forms of PR exist, such as party-list proportional representation, where the above-mentioned groups correspond directly with candidate lists as provided by political parties. Within this form a further distinction can be made depending on whether or not a voter can influence the election of candidates within a party list. Moreover, within the proportional representation system, two types of variations exist: the open-list proportional representation system and the closed-list proportional representation system.

First-Past-the-Post (FPTP) is the name usually given to the voting system used in the United Kingdom for general elections to the House of Commons. The term was coined as an analogy to horse racing, where the winner of the race is the first to pass a particular point on the track (in this case a plurality of votes), after which all other runners automatically and completely lose (that is, the payoff is 'winnertake-all'). Thus, the winning candidate must receive the largest number of votes in their favour. This system of voting is based on each area of the country (constituency) being represented by a single member. The candidate with the most votes in each constituency becomes its MP.

Duverger's law is a principle of political science which predicts that constituencies that use first-past-the-post systems will become two-party systems, given enough time. FPTP tends to reduce the number of political parties to a greater extent than most other methods, thus making it more likely that a single party will hold a majority of legislative seats. (In the United Kingdom, 18 out of 22 General Elections since 1922 have produced a majority government.)

Mixed or Hybrid Election Systems are usually defined as combination of a PR system and a FPTP (winner-takes-all, single-seat-district) system, attempting to achieve some of the positive mechanisms of both of these. This mixed system is usually needed for large populations to balance the mechanisms of elections focusing on local or nation wide elections in terms of the goal of proportional representation. Other examples include nations with very diverse voting populations in terms of geographic, social, cultural or economic realities.

3. Prime Minister

In the political context, the Prime Minister is the most senior member of the Cabinet within a parliamentary system and is recruited from the ranks of politicians. The Prime Minister is usually responsible for the allocation of posts and dismissal of members of the cabinet and other members within the government. In presidential systems of government, the Prime Minister carries out the orders and instructions of the President.

The Role of a Prime Minister

In the Parliamentary system of government, the Prime Minister is the presiding or actual head of government and the executive branch. As such, the Prime Minister is often a Member of Parliament and has to ensure that bills are passed through the legislature.

The post of Prime Minister is found in both Constitutional monarchies as well as republics. The system in Presidential systems is different where the President is both the Head of State and the Head of Government However, this does not mean that a Prime Minister cannot exist in a Presidential system. In Presidential systems, the President usually appoints the Prime Minister with the approval of the Legislature. Here, the Prime Minister is responsible for carrying out the directives of the President and for managing the civil service.

Appointment of a Prime Minister

In Parliamentary systems of government there are various means that a Prime Minister can be appointed.

· By appointment by the Head of State (President) without the influence of Parliament: this method usually occurs in states that employ the Westminster (or Parliamentary) system of government.

· By appointment by the Head of State after the candidate is nominated by Parliament: as is the case in the Republic of Ireland.

· By appointment where the Head of State nominates the candidate and is approved by Parliament and then is appointed by the Head of State: this system is employed in Spain and Germany.

· By appointment where the Head of State nominates a candidate, and then sets a time-frame in which he/she must receive a vote of confidence from Parliament: e.g. Italy and Romania.

· By appointment through a direct election by Parliament: this system is employed in Japan.

· Appointment through a direct election by the public: this system is used in Israel.

· Appointment by a state official, other than the Head of State: e.g. Sweden.

· Whilst there exists various rules and methods of appointing a Prime Minister, many of these methods do not enjoy constitutional protection. Moreover, few constitutions make mention of a Prime Minister.

This is the case in most developed nations such as Australia, Canada, Germany, The Republic of Ireland and the United Kingdom.

Resignation of a Prime Minister

Prime Ministers are not appointed for a fixed or specified term. Rather, they remain in power through a series of elections and parliaments. In parliamentary systems of government, Prime Ministers usually enjoy the support of the Lower House of Parliament. However, should Prime Ministers lose this support, or a motion of no confidence is passed against them, Prime Ministers are usually required to tender a letter of resignation or dissolve the lower house. The latter is not always a requirement. Instead, it only requires that the Prime Minister dissolve his Cabinet.

However, not all States employ the same version of a Prime Minister. More often than not, this is dependant on the needs of each State and how it pertains to their specific and unique circumstances. A discussion on the operation of the Prime Minister for various democracies will now follow.

4. Prime Ministers in Developed Countries

A. United Kingdom

Political System

Politics in the United Kingdom (UK) exists within a framework of a constitutional monarchy where the monarch is the Head of State and the Prime Minister is the Head of Government. As such, the executive power is exercised by the Prime Minister and his Cabinet. The constitution of the United Kingdom is largely uncodified and is contained within an elaborate legal framework of common law and statutes. The United Kingdom political framework is better known as the Westminster system of government and has been adopted by many countries that fall within the Commonwealth of Nations.

The monarch represents the theoretical source of executive, legislative and judicial power in the United Kingdom. However, since the adoption of the Bill of Rights in 1689, the system of Parliamentary Sovereignty was established reducing the powers of the monarch to mere hypothetical powers. The monarch appoints the Prime Minister and retains the right to dissolve the Parliament. However, the latter is unlikely as this might lead to a constitutional crisis.

Presently, the monarch's role is largely ceremonial. He or she does however retain the right to be consulted, the right to advise and the right to warn. These rights allow for weekly briefing meetings between the Prime Minister and the Queen.

Electoral System

The United Kingdom is a long-established parliamentary democracy with a constitutional monarch as Head of State. The principle behind British democracy is that the people elect MPs to the House of Commons in London at a general election, held no more than five years apart. Each MP in the House of Commons represents one of 659 constituencies, or 'seats', in the UK and is also normally a member of one of the major political parties.

The party that wins the most seats forms the government executive which determines policy. The executive includes devolved elected assemblies in Wales and Scotland. Devolution in Northern Ireland was suspended in October 2002.

The remaining MPs group into opposition and other parties, or are independent. The result is a body that reflects a broad range of political opinions, all of which have a voice in the debates about key government issues and policies.

The system of political parties, which has existed in one form or another since at least the 18th century, is an essential element of British politics. For the past 150 years the UK Parliament has effectively worked as a two-party system (namely the Conservative and Labour parties), with one party forming the government of the day, and the other the opposition.

Members of the House of Commons are elected, usually in a General Election, which must take place at least every five years. Politicians are elected according to the FPTP electoral system. The political party that wins the most seats (usually but not necessarily the party which gets the most votes in the General Election) or which has the support of a majority of parliamentarians usually forms the government. The largest minority party becomes the official opposition.

The Prime Minister of the United Kingdom

The Prime Minister of the United Kingdom is the political leader of the United Kingdom and acts under the command or instruction of the monarch. The Prime Minister exercises his executive power on behalf of the sovereign.

The position of Prime Minister is not defined by a specific statute as opposed to the other members of his or her Cabinet. To maintain his position, the Prime Minister also holds the position of First Lord of the Treasury. And since 1960, he or she also holds the position of Minister for the Civil Service.

The Monarch appoints an individual most likely to maintain the support of the House of Commons, which is usually the leader of that house, and the Prime Minister.

B. Canada

Political System

The Dominion of Canada (as is its official name which is rarely used) functions within a framework of a constitutional monarchy with a federal system of parliamentary government. The Head of State is the Queen Elizabeth II of England, but is referred to as the Queen of Canada. The Governor General of Canada advises the Head of State on issues relating to the country. The Head of Government is the Prime Minister.

The Cabinet consists of 30 Ministers who are appointed by the Governor General, and are chosen by the Prime Minister. A practice within Canada is that most Ministers represent leaders of opposition parties, however this is not always the case.

Electoral system

The Canadian electoral system is known as the single-member, simple-plurality voting system, or FPTP system. In this system, Canadian citizens 18 years of age or older are eligible to vote. Elections at the federal level are simultaneous and nation-wide. Voting is by secret ballot and a voter may cast only one vote and vote for only one person on the ballot. During the elections, the candidate who gains the most votes wins, even if he or she has received fewer than half of the votes.

Various Acts of Parliament govern the electoral process, rules regarding membership, and the number and distribution of seats. The main body of Canadian election law is found in the Canada Elections Act, which sets down the conditions in which parties and candidates engage in the election process and ensures the free expression of political choice by electors. Other statutes such as the Criminal Code and the Dominion Controverted Elections Act also contain provisions governing the electoral process.

The Prime Minister of Canada

The Prime Minister of Canada is the Head of Government of Canada and is usually the leader of the majority party in the House of Commons. Whilst the role and functions of a Prime Minister is not defined by a specific legislative framework, he represents the most powerful person in Canadian politics.

He or she is the head of the executive and provides leadership and direction to the government, with the support of his/her cabinet and the non-partisan public service. The Prime Ministers cabinet represents a significant decision making force within Canadian politics and as has already been stated, is chosen by the Prime Minister having due regard for ethnic, gender and linguistic representation, which are contentious issues in Canada.

The Prime Minister, including his or her cabinet, holds seats in the Parliament and directly influences its activities and legislative agenda. In this regard, the Prime Minister should at all times maintain the support of the majority of the House of Commons. In instances where this is not possible, the Prime Minister must resign and seek a dissolution of Parliament. Because of the extensive role of the Prime Minister, he or she only participates in very important debates in the House of Commons, such issues relating to contentious legislation.

5. Prime Ministers in Developing Countries

A. India

Political System

In India, the political framework exists within a system of a federal parliamentary pluriform multi-party representative democracy that is modelled according to the British Westminster system. There exists both the Head of State (which is the President) and the Head of Government (which is the Prime Minister). To strike a balance between the two roles, the President maintains a substantial amount of reserve powers (just like the British Monarch) whilst the Prime Minister controls the government. India is a federal state and as such, each individual state retains an amount of power. However, the central government maintains the larger degree of power, in relation to the individual states.

Indian States are allowed to elect their own governments with their own legislatures that are often bicameral. Moreover, each state also has its own Chief Minister who acts in a similar capacity as that of the Prime Minister.

The Electoral System of India

Elections in India take place on two platforms: an election for the President (or Head of State) and then the Parliament (or Legislature). The President is elected for a five year term by an electoral college vote consisting of members of the federal and state parliaments and legislatures. Within each state, a proportional representation system is used to elect the leader of the states.

For each house of the Indian Parliament different electoral systems are used. For the Lower House of Parliament, or the Lok Sabha, the 543 members of the House are elected according to a first-past-the-post system. The Upper House, or the Rajya Sabha, is elected according to a system of proportional representation by way of a Single Transferable Vote.

The Prime Minister of India

Whilst the President represents the highest political figure in India, the Prime Minister in India represents the most powerful political figure. The Presidents role remains largely ceremonial whilst the Prime Minister takes responsibility for exercising executive power.

The Prime Minister of India is generally the leader of the majority party in the Lower House of the Indian Parliament, known as the Lok Sabha. However, the Prime Minister need not be a member of one of the Houses of Parliament. Instead, the Prime Minister can be elected from other political ranks, as long as if it is within 6 months of both Houses of Parliament be appointed.

The Prime Minister is appointed by the President of India. It is generally expected that the President appoint as Prime Minister, the leader of the majority party in the Lok Sabha. Where there is no clear majority, the President has some discretion to choose from the leaders of the group of parties who form the majority in the legislature. Moreover, the President may simply choose the leader of the largest party in the Legislature.

The Prime Minister chooses the members of the executive, who are then appointed by the President. The Prime Minister allocates the various portfolios to those members and decides on government policy by being the automatic Chairperson of the Planning Commission.

On other issues, like the appointment of Judges of the High and Supreme Courts, Chief Electoral Commissioner, Comptroller and Auditor General, the Prime Minister acts in a purely advisory role to the President.

6. Prime Ministers in African Countries

A. Lesotho

Political System

The political system in Lesotho exists within a framework of a representative democratic constitutional monarchy where the Prime Minister of Lesotho is the head of government and where executive power is exercised by that government.

The government of Lesotho is modified form of a constitutional monarchy in that the Prime Minister is both the Head of government and has executive authority. The monarch in Lesotho is mostly a ceremonial figure and possesses no real power. Rather, the monarch represents a living symbol of national unity with no legislative or executive powers.

Electoral system

Most of the former British colonies inherited and adopted the British parliamentary systems as their governance model. Lesotho, however, has reformed its electoral system and now employs a hybrid or mixed model, combining a constituency-based FPTP system, proportional representation and its traditional system. The Constitution of Lesotho deepens participatory democracy by allowing individual candidates to stand for the elections in their own wards as independents. In addition, political parties send a certain number of candidates through a party-based list system. The country is divided into 22 wards, so each ward has to elect its representative, and the majority party is based on a simple majority.

In 2002, Lesotho government reformed its electoral system hoping to curtail the unintended outcomes of floor crossing and adopted a new electoral system, which is called a Mixed Member Proportional system. The Mixed Member Proportional system combines a proportional representation system with a constituency-based FPTP system. Thus, 80 legislators are elected through a constituency-based system, while the other 40 seats are filled by means of proportional representation.

The Prime Minister of Lesotho

According to the constitution of Lesotho, the leader of the majority party in the national assembly automatically becomes the Prime Minister. Essentially, the Prime Minister represents both the Head of State and Head of Government.

B. Namibia

Political System

The political framework of Namibia is one of a presidential representative democratic republic, whereby the President of the Republic of Namibia represents both the Head of State and Head of Government within a multi-party system. This system has been established by constitution of Namibia which was established by the Constituent Assembly of Namibia. Since then, the Constituent Assembly has reorganised itself into a National Assembly, re-electing all its members.

Electoral System

For Parliamentary Elections, Namibia employs the most basic form of the proportional representation method, with the whole country being grouped into one voting district.

The Prime Minister of Namibia

In Namibia, the Head of State is the State President. The government in turn is headed by the Prime Minister. This should not be confused with the Head of Government. Instead, the Prime Minister acts as a Chief Whip of the Cabinet. The Prime Minister, as well as the Cabinet (of which he is in charge) are both elected and appointed by the President. The Prime Minister remains a member of the National Assembly and represents the executive in the legislature.

The main role of the Prime Minister can be described as maintaining good governance and accountability. Activities for which he or she is responsible includes:

· The co-ordination and supervising the work of Government offices, Ministries and agencies;

· Leading Government business in Parliament and co-ordinating work of Cabinet;

· Advising and assisting the President in the execution of government functions;

· Managing and overseeing public services in the country; and

· Carrying out special projects assigned to the office.

C. Kenya

Historical Context

Kenya is a former British Colony, which attained its independence in 1963. It inherited a number of institutional parliamentary challenges, such as the under-representation of Africans within the former British Parliamentary Colony set up (Kenya had stringent franchise qualifications).

Kenya has been thrust into the spotlight in recent months. The post election violence that erupted in the country has seen the introduction of various peace accords and agreements between opposition parties within the political arena in Kenya. The post-election violence erupted in Kenya in December 2007 after Kenyan President Mwai Kibaki was re-elected as President of Kenya under a cloud of electoral manipulation (confirmed by international observers)." However, supporters of Raila Odinga of the Orange Democratic Movement were angered by these allegations and went on a nation wide rampage. Violence, which quickly escalated in the country, occurred mainly between the Kikuyu (of which President Kibaki is a member) and supporters of the Odinga.

Following mediation talks between the two leaders, mediated by ex-United Nations Secretary General, Kofi Annan, the two have since signed a peace accord to establish a Coalition Government for Kenya.

The Role of Prime Minister in Kenya

In his State of the Nation Address, President Kibaki urged the Kenyan Parliament to fast-track the implementation of certain bills which would restore peace and harmony back to the country. These include the:

· The National Accord and Reconciliation Bill,

· The Constitution of Kenya (Amendment) Bill;

· The Establishment of Truth, Justice, and Reconciliation Commission Bill; and .

· The Establishment of the Ethnic Relations Commission of Kenya Bill.

For the purposes of this paper, the most important of these Bills is the National Accord and Reconciliation Bill. Arguably the most urgent of the four Bills, the National Accord and Reconciliation Bill seeks to legislate the power sharing deal agreed to by President Kibaki and opposition leader, Odinga. Moreover, the most important aspect of the Bill, is that it seeks to create the position of Prime Minister and two deputy Prime Ministers. It also seeks to transfer the role of Government from the President to the Prime Minister. This move will effectively make the President, the Head of State. The roles of these two positions are further elaborated on in the Bill.

7. Conclusion

Whilst it seems that there are many variations of the role of Prime Minister, it is also true to say that the political context and electoral system within which they operate are also of particular importance. One cannot remove one without affecting the operation of the other.