Government seeks to legislate coalitions ahead of local elections

Leaders of political parties involved during the media briefing on the first day of the National Convention for 2024, on16 August 2023. The convention brought a group of political parties together to iron out their coalition agreements ahead of the 2024 elections. Picture: Neil McCartney/The Citizen A legislative process is underway to introduce the signing of a mandatory agreement between parties in the establishment of coalition governments in South Africa’s local government sphere.

The agreements will be binding to the parties, a move that experts believe is unconstitutional and liable not only to be challenged, but could bring political instability in the already crisis riddled local authorities. “I do not see how mandatory coalition agreements can be constitutional, given that the election of office bearers are individual events. What would happen if nobody managed to sign an agreement in the specific time?” election process expert Michael Atkins said.

In a notice on the Municipal Structures Amendment Bill, the department of cooperative governance and traditional affairs said the legislation was designed to address the governance challenges facing municipalities facing disruptive motions of no confidence and regular changes of government. The change is hoped to address an outcry about political instability brought about bycoalitionssince the 2021 local government elections. The polls not only produced the most number of coalitions but also the largest number of hung municipalities countrywide.

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Experts doubt the legislation will be ready before the4 November local elections, citing the long legislative process it must follow before being passed into law. The Bill was scheduled to be presented to Cabinet on Wednesday. The next step is to table it in parliament, which will refer it to the portfolio committee.

The committee, in turn, must take it through public hearings before approval. After approving it, the committee would then submit the Bill for a National Assembly vote. It would then go to the National Council of Provinces select committee for deliberation, followed by the council’s vote.

The president would come at the end to sign it for implementation. The Bill introduces a requirement for parties without a majority on the council to negotiate and enter into a formal written agreement to form a government in the municipality.

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