Concerns over constitutionality of proposed electoral thresholds may delay key municipal reforms intended to curb instability before local elections.
Though Minister of Cooperative Governance and Traditional Affairs Velenkosini Hlabisa is confident that the Municipal Structures Amendment Bill will be finalised and passed before the upcoming local government elections, observers believe the deadline may not be met.
The Bill, also known as the Coalitions Bill, is intended to “reduce instability” in coalitions, but experts believe it could lead to chaos in municipalities if any amendments are later ruled unconstitutional.
Replying to questions by ActionSA MP and chief whip Lerato Ngobeni about whether he intended to introduce the amendment to the 1998 Municipal Structures Act before the local elections, Hlabisa said he intends to do so.
Coalitions Bill faces legal scrutiny
The envisaged amendments are to regulate the formation of coalitions at the municipal level after elections, to require municipalities with no outright majority party to be changed to executive committees, to establish a 1% threshold for a party to qualify for representation on the municipal council and, more importantly, limit the manner, timing and number of motions of no confidence councils may file per term.
Presently, there are no strict rules on these motions of no confidence, which are frequent and causing political and leadership instability in the municipalities.
The separate Electoral Matters Amendment Bill is designed to tighten rules for parties to renew their registration each year. An expert said this would ensure nobody is penalised unfairly.
Tightening rules for parties to renew their registration
“This should help to cut down on the frivolous parties, or those that do not comply with administrative requirements,” he said.
Hlabisa said the chief state law advisor’s office had provided a formal legal opinion questioning the constitutionality of the electoral thresholds in the draft amendments.
Once the department had finalised its processes, it would be submitted for Cabinet approval, probably in April.
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