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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Must ReadThe Constitutional Court ruled on May 8, 2026, that Parliament acted irrationally in December 2022 by rejecting the referral of a Section 89 panel report to an impeachment committee. This decision mandates the National Assembly to establish an impeachment committee, as outlined in Rule 129I, to investigate President Cyril Ramaphosa. The inquiry will focus on three potential grounds for removal: serious violation of the constitution or law, serious misconduct, or inability to perform duties. Key aspects of the investigation will likely include the origin of $580,000 stolen from Ramaphosa's Phala Phala game farm in February 2020, which he stated was payment for buffaloes to Sudanese businessman Hazim Mustafa. Questions persist regarding the cash transaction, the non-delivery of the buffaloes, and why the money was not returned. The inquiry will also examine allegations of a cover-up, including the failure to report the burglary to the South African Police Service and the alleged involvement of Wally Rhoode, head of the Presidential Protection Service, in a cover-up and unlawful cross-border activities. The storage of the cash for 44 days without declaration to the South African Reserve Bank, violating Exchange Control Regulations, will also be scrutinized. Following the committee's report, the National Assembly will vote on removal, requiring a two-thirds majority of 267 votes. The current Government of National Unity, comprising the ANC and its partners, holds 287 seats, indic
Must ReadSouth Africa's Constitutional Court has ruled that parliament acted unconstitutionally and irrationally by voting against adopting the Section 89 independent panel report into the alleged robbery at President Cyril Ramaphosa’s Phala Phala farm in 2020. This decision set aside parliament’s previous vote, which had shielded the president from impeachment proceedings. Opposition parties are now challenging the parties within the Government of National Unity GNU to prioritize South Africa's interests and constitutional obligations over political perks. EFF leader Julius Malema stated that with the ANC no longer holding a parliamentary majority, parliamentarians must use their conscience to hold the president accountable. ActionSA national chairperson Michael Beaumont noted that various government institutions, including parliament, have previously protected Ramaphosa from accountability. Build One South Africa emphasized that the ruling sends a clear message that constitutional obligations cannot be sidestepped for political convenience. ATM spokesperson Zama Ntshona called for the immediate establishment of an impeachment committee. DA leader Geordin Hill-Lewis affirmed his party's commitment to accountability and constitutionalism, stating that the judgment will shape how parliament holds future presidents accountable. The ANC spokesperson, Mahlengi Bhengu, indicated that the party is studying the judgment.
Former public enterprises minister Malusi Gigaba's defense team has received the state docket in a case involving alleged irregularities at Transnet. Gigaba, along with former Transnet chief financial officer Anoj Singh, former chief executives Brian Molefe and Siyabonga Gama, and former Transnet Freight Rail chief procurement officer Thamsanqa Jiyane, appeared at the Gauteng High Court in Johannesburg for a pre-trial conference. The case centers on allegations that tender processes were flouted during the procurement of locomotives between November 2010 and May 2014, resulting in billions of rand in losses for Transnet. The state also alleges that Gigaba accepted undisclosed amounts of cash from members of the Gupta family during his tenure as minister. Gigaba's attorney, Nicholas Kourie, confirmed that the former minister has secured funding for legal representation after his application for state-funded assistance was refused. The legal team intends to consult with Gigaba to determine whether to file a Request for Further Particulars or submit representations. Procedural matters regarding legal representation have been resolved, and the firm will continue to represent Gigaba. The matter has been postponed to July 10, 2026, for further pre-trial processes.
Severe weather in the Eastern Cape has led to the closure of all municipal nature reserves in Nelson Mandela Bay until further notice. This decision was made due to extensive damage to hiking trails, fallen trees, unstable ground conditions, and flooded bridges. Visitors are advised to avoid these closed reserves. The South African Weather Service issued a level 8 warning for severe weather on Sunday, May 3, 2026, affecting communities in the Overberg, Garden Route, Central Karoo, and Cape Winelands. A social worker in the Western Cape tragically died after a tree fell on her car. Babalwa Lobishe, a councillor in the Nelson Mandela Bay Municipality, conducted an oversight visit to assess bridge conditions and water levels for potential evacuations. Jaco Londt, MEC of Social Development in the Western Cape, expressed condolences for the social worker's death. Acting Premier Ivan Meyer and disaster management officials met to discuss the response to the severe weather. Although the weather warning has decreased to level 2, dangers remain due to prior flood damage, with concerns about road flooding, infrastructure damage, and mudslides. The Mossel Bay Municipality closed access to a low water bridge on Vleesbaai Road due to high water volumes, and a man was rescued after getting stuck in debris there. The Wolwedans Dam is overflowing at 101.15% capacity, and residents are urged to avoid river banks. Ostriches were rescued in Volmoed, though many did not survive. Approximately 12