In the departmental offices of the Department of Cooperative Governance and Traditional Affairs in Pretoria, officials carefully examined the Coalition Bill, preparing it for the next phase in the legislative process. This marks the final review before the bill is submitted to Parliament for broader discussions and approval.
The bill was cleared by the Cabinet last week and is set to be introduced in Parliament. Its main goal is to create a structured framework for the formation of coalition governments in local areas and to introduce rules that will help reduce instability in governance. The growing number of hung councils, which rose to 81 after the 2021 local government elections, has made this necessary. This increase shows the urgent need for clear guidelines to manage such councils.
The bill’s journey to Parliament
Department spokesperson Legadima Leso explained that the draft bill is currently being handled by the Office of the State Law Advisors. Before the bill can proceed to Parliament, this office must issue a certification. Leso noted that the timeline for this step is uncertain, with no exact dates given. Additionally, the state law advisors may choose to make changes to the bill before giving their approval.
After the certification process, the bill will be sent to Parliament, where it will go through its own schedule for review and processing. While the bill’s passage is still under consideration, Leso emphasized the department’s goal to see the bill approved before the November 4 elections. This would allow it to be in place before the next set of local government elections.
Coalition agreements as legally binding contracts
Earlier this year, Cogta Minister Velenkosini Hlabisa spoke in Parliament about the purpose of the Municipal Structures Amendment Bill. She explained that the bill aims to create a more stable environment for coalition governments. Under the proposed law, political parties forming coalitions will be required to sign detailed written agreements. These agreements will outline their roles, responsibilities, and expectations within the coalition.
Hlabisa emphasized that these written agreements will be legally binding. This means they will carry the force of law, ensuring that all parties involved understand and commit to the terms of their coalition. The goal is to prevent misunderstandings and provide clarity from the start, which is expected to strengthen the functioning of coalition councils.
Stakeholder engagement and the bill’s next steps
Before the bill was sent to the Office of the State Law Advisors, the Department of Cooperative Governance and Traditional Affairs engaged with a wide range of stakeholders. This included various provincial departments that oversee local governance, the National Treasury, and the South African Local Government Association (Salga). These groups were given the opportunity to provide feedback and insights, which helped shape the final version of the bill.
Samkelo Janda, chairperson of Salga’s governance and international relations working group, said the experiences of past elections, especially in 2016 and 2021, have made it clear that coalition councils need better management. In these elections, many councils faced significant instability, with weak or poorly managed coalitions leading to slow decision-making and governance problems.
Janda believes that well-managed coalition governance can actually enhance democracy. By promoting cooperation and giving more groups a voice, coalitions can lead to more diverse and representative councils. However, when coalitions are weak or not properly managed, councils often get bogged down in political disputes rather than focusing on delivering essential services to residents.