Beyond 'government and opposition': an independent South African legislature

The debate about appropriate democratic national institutions in South Africa has focused on the electoral system and the executive but has failed to address the benefits and drawbacks of differing types of legislatures. Yet a properly designed legislature which is truly politically independent offers several important advantages for constitutional democracy in South African. However, in order to appreciate these benefits we need to make a fundamental theoretical shift beyond the usual debate about designing policy‐making institutions along either consociational or majoritarian lines, and develop a deeper understanding of the separation of powers as a third important democratic alternative.