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LOCAL GOVERNMENT COALITIONS: DRAFT AMENDMENT BILL OUT FOR COMMENT
- 21 May 2024
- Local Government
- SA Legal Academy
Please note: According to an SAnews article on the draft Bill issued the day after its publication, once in force the proposed new piece of legisation is expected to 1) address 'governance challenges related to “unscrupulous manipulation” by parties less represented in (a municipal council)'; 2) curb the formation of coalitions incentivised by 'promises of senior positions or outright bribes'; and 3) mitigate 'infighting' among council members 'characterised by walkouts (and often) resulting in “inquorate” councils ... (unable) to execute their legislated mandate'.; 3) On 26 June 2024, a notice was gazetted extending the deadline for comment to 31 July 2024. On 2 August, the deadline was further extended to 31 August 2024.
The Department of Co-operative Governance & Traditional Affairs has gazetted a draft Local Government: Municipal Structures Amendment Bill for comment by 5 July 2024.
The proposed new piece of legislation seeks to provide a ‘mechanism’ for institutionalising coalition governments and addressing the ‘challenges’ presented by hung councils. This is according to a memorandum on the draft Bill’s objects.
With that in mind, once in force among other things the amendment Bill will:
- define the term ‘coalition agreement’
- make such agreements binding
- enable municipalities with ‘a mayoral executive system in which no party obtained a majority of seats’ to change into a ‘collective executive system’ within a prescribed period
- require that, to qualify for a seat on the council, a candidate should obtain ‘a minimum threshold of one percent of the valid votes cast during an election’
- provide that ‘the election or removal from office of municipal office-bearers … (should) be by a show of hands’, and
- prescribe grounds for the removal of municipal office-bearers from office.
Please click the link below for more information:
- draft Bill
Published by SA Legal Academy Policy Watch
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