Though Co-operative Governance and Traditional Affairs Minister Velenkosini Hlabisa has promised to table the Coalition Bill before Cabinet next month, doubts remain whether the legislation will be ready for the 4 November local government elections.
Coalition Bill hoped to stabilise councils
Formally known as the Municipal Structures Amendment Bill, the proposed law is intended to stabilise coalition governments by introducing binding agreements among partners in local councils.
At present, motions of no confidence against mayors and speakers have become routine, as major parties jostle for dominance with resultant political instability. Johannesburg has been the most volatile, recording six mayors since the 2021 elections, while Tshwane and Nelson Mandela Bay have also seen repeated leadership changes.
The constant turnover has disrupted service delivery, undermining promises made to residents in party manifestos.
Under the envisaged framework, coalition partners would be required to sign agreements lasting the full five-year term. These would regulate the frequency of no-confidence motions and prevent the rotation of mayors at whim.
The 2024 draft Bill stated signed agreements must be published, with the minister empowered to regulate their content.
More recently, Hlabisa has spoken of compulsory agreements in cases where no party secures a majority.
Legislation must still undergo scrutiny
Observers, however, warn making coalition agreements compulsory could face constitutional challenges. Analysts say such provisions may infringe on the rights of councillors and could ultimately be tested in the Constitutional Court.
During his budget speech in parliament on Wednesday, Hlabisa reiterated his commitment to introduce the Bill in June.
But election process analyst Michael Atkins said the legislation must still undergo parliamentary scrutiny, including referral to the relevant portfolio committee and compulsory public hearings. Only after this process can the Bill be passed into law and signed by the president.
So time is a critical factor in the Bill process. With less than six months before the elections, the parliamentary process may not be completed in time for implementation.
Notably, Hlabisa did not mention the one percent threshold requirement for parties to qualify for representation in municipal councils. The proposal has been widely debated, with the ANC expressing enthusiasm for the measure, which would reduce the proliferation of micro-parties in councils.
The omission suggests the minister may be wary of adding further complexity to an already tight legislative timetable.
