South Africa: Proposed coalition government legislation faces constitutional questions
via The Citizen2 min read
South Africa is considering new legislation to mandate binding agreements between parties forming coalition governments in local municipalities. The proposed Municipal Structures Amendment Bill aims to address governance challenges and political instability observed since the 2021 local government elections, which resulted in numerous hung municipalities and frequent changes in leadership. The department of cooperative governance and traditional affairs states that these agreements would be legally enforceable and a prerequisite for forming a coalition. However, election process expert Michael Atkins questions the constitutionality of mandatory coalition agreements, particularly regarding the individual nature of office-bearer elections. Experts also express doubt that the Bill will be enacted before the November 4 local elections, given the extensive legislative process it must undergo, including parliamentary review, public hearings, and votes in both the National Assembly and the National Council of Provinces, before presidential assent.
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