Proposed amendments aimed at stabilising coalition governments could face constitutional challenges before becoming law.
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.
Constitutionality of proposal questioned
“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 by coalitions since the 2021 local government elections.
The polls not only produced the most number of coalitions but also the largest number of hung municipalities countrywide.
Bill must still pass several stages
Experts doubt the legislation will be ready before the 4 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.
Coalition agreements to become binding
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.
It provides for a contractual relationship between different parties forming the coalition government.
According to the department, the agreement will be legally enforceable and constitutes a prerequisite for a coalition government in the municipality.
On top of that, it will contain a framework for the removal of office bearers, or to regulate motions of no confidence against officials such as a mayor or speaker.
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