Coalition agreements must be in writing, rather than by handshake, and are binding. From Moneyweb.
While all attention shifts to who the ANC will select as its coalition partner at the national level, a new bill open for comment sets the ground rules for coalitions operating at the municipal level.
The era of coalition government has ushered in problems that the original drafters of our municipal legislation clearly did not anticipate. The 2021 local government elections produced 81 hung municipal councils with no clear winners, allowing chaos to rule in parts of the country. For example, former Joburg Democratic Alliance mayor Mpho Phalatse and speaker of the council Vasco da Gama were booted from their positions when smaller parties vying for key council positions managed to eke through a vote of no confidence despite several earlier failures.
Read all our election and coalition coverage here.
Like others around the country, the Joburg Metro had become dysfunctional and sterile, and local politicians were accused of putting their own interests above those of the city residents.
Smaller parties quickly learned how to game the system and disrupt the management of the councils for their own, often dubious ends. “Experience has shown that votes are being bought by certain political parties by soliciting bribes and influencing voting in exchange for favours or returns for elections in other positions as a municipal office bearer,” reads the explanation to the bill.
It is this instability that the Local Government: Municipal Structures Amendment Bill is intended to fix.
One of the key changes introduced under the amendment is the definition of a coalition agreement, which must be in writing and not subject to handshakes or tacit understandings, as is currently the case. These agreements then become legally binding and cannot be broken, and they are intended to ensure continuity of service where no political party has an outright majority. They also (hopefully) provide a measure of transparency for residents, ensuring that no secret deals are being done behind their backs.
The Department of Cooperative Governance and Traditional Affairs (CoGTA) hopes the bill will prevent council infighting that has historically resulted in frozen governance and an inability to make decisions and adopt budgets.
Another problem the bill aims to cure is the incentivisation of coalition members by promising them senior posts without much attention being paid to their suitability for the position or the impact this has on service delivery.
Another change dealt with in the bill is the process for removing council officials such as the mayor, deputy mayor, speaker, whip or executive committee – by show of hands rather than secret ballot, and only two years after the official was elected. Exceptions to this are when the official has seriously infringed the Constitution, is unable to perform the functions of the office or for serious misconduct, in which case a vote to remove can be held at any time.
To qualify for a seat on the council, it must win a minimum 1% of the votes cast.
The bill is a sign of SA’s maturing democracy, where coalitions are likely to be a feature of governance going forward. The absence of rules for such coalitions and the high number of hung councils around the country have fostered instability at the local level.
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Municipalities with a mayoral executive system in which no party has a majority will be converted to a collective executive system within a certain period. This change is intended to prevent the dismissal of mayors and their entire mayoral committee. The shift to an executive committee system is intended to ensure continuity of governance even in instances where the mayor is removed.
Nondumiso Sithole, writing for the Inclusive Society Institute, notes that mayors are elected by the party hierarchy and not by communities through elected councillors. Mayors and municipal managers require provincial and national government support — through legislative instruments and other tools — that does not infringe on the autonomy of local government.
“The blurring of boundaries between the administration and political leadership has most often resulted in confusion over roles and given rise to political-administrative tension and conflict.”
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William Gumede, associate professor at Wits University’s School of Governance, says Africa’s experience with coalition governments has been refreshing.
“In Africa, coalition governments have been the most successful form of leadership compared to liberation or independence movements, as well as one-party, military, or dictatorial governments. In the post-independence period in Africa, coalition governments in countries such as Mauritius and Cape Verde, have produced the highest economic growth rates, inclusive development, and peace.”
The bill is open for comment until 5 July. Comments can be emailed to comments.coalitionbill@cogta.gov.za.
