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DA proposes legal firewall against coalition chaos

Nomazima Nkosi Senior reporter
Party says there must be law limiting frequency of motions of no confidence. File picture.
Party says there must be law limiting frequency of motions of no confidence. File picture.

Two private members bills proposed by the DA aimed at stabilising coalitions will be introduced to Parliament.

This was announced by DA chief whip Siviwe Gwarube.

The two bills, namely the Constitution Nineteenth Amendment Bill and the Local Government: Municipal Structures Amendment Bill are aimed by stabilising coalition governments in the country.

The bills propose to limit the number of motions of no confidence that can be tabled within a year and also stipulate the conditions on which these motions against mayors, premiers and even the president can be tabled.

Gwarube said while motions of no confidence were a crucial accountability mechanism, they were susceptible to abuse as had been seen at a local government level.

Limiting the frequency and placing clear grounds under which these can be moved and voted on, will see a level of stability that is needed for effective service delivery. Firewalling governments against this kind of disruption will serve citizens better than is currently the case.

“While we seek to limit motions of no confidence to a year, there will be a safety net built in that will allow additional motions within this period providing for exceptional circumstances, such as a violation of the Constitution or law; misconduct or the inability to perform the functions of office. This is a much higher threshold for a motion of no confidence and forces the movers to base these in fact or in law,” she said.

Making an example of the kind of instability owed by these motions, Gwarube said governments could be voted in, pass budgets then be ousted again, making it impossible to hold them accountable for service delivery failures.

In the City of Johannesburg alone, former mayor Mpho Phalatse faced at least four motions before she was successfully ousted in January and replaced by Al-Jama-Ah councillor Thapelo Amad.

Amad, who was elected recently, now faces his first motion of no confidence on Tuesday. He is likely to be replaced by a member of his own party, Kabelo Gwamanda.

In Nelson Mandela Bay, just seven months into the job, mayor Retief Odendaal is also facing the possibility of removal after 62 councillors signed a petition to get rid of the mayor, deputy mayor and the chief whip.

This is alleged to have been spurred by a member of the existing coalition having secured a better position with the ANC/EFF alliance. Currently, NMB is governed by a 10-member coalition government led by the DA.

Gwarube said it was critical that Parliament was proactive in creating a legislative framework that would ensure governance stability and reliable service delivery.

“These are important amendments to the Constitution and existing legislation as we head towards the 2024 national and provincial elections.

“Additionally, a bill seeking to amend the Municipal Structures Act and introduce electoral thresholds at a local government level has been gazetted in order to solicit constructive feedback and public comment. This is the third of the four bills part of this suite of legislation. It will also follow the same process as the two bills above mentioned,” she said.

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