Summary of the Bill:
The Local Government: Municipal Structures Amendment Bill, 2024, aims to address the challenges of coalition governance in South African municipalities where no single party holds a majority. The bill proposes amendments to the Local Government: Municipal Structures Act, 1998, including defining "coalition agreement," mandating a shift from a mayoral to a collective executive system in hung councils, and instituting voting by show of hands for the election and removal of municipal office-bearers. It sets grounds for the removal of officials, enforces binding coalition agreements, and establishes a 1% vote threshold for party representation on municipal councils. These measures are designed to promote stability, transparency, and accountability within municipal governance, addressing issues like frequent motions of no confidence and vote-buying practices. The bill includes amendments for procedural clarity and aims to institutionalise coalition governance effectively.
Key features of the Bill:
- Coalition Agreements: Introduces the definition of a "coalition agreement" as a written agreement between parties forming a coalition government in municipalities without a majority party. Mandates municipalities with no majority party to shift from a mayoral executive system to a collective executive system to promote stability and ensure continuity.
- Election and Removal of Municipal Office-Bearers: Requires the election and removal of municipal office-bearers, including speakers, whips, executive committee members, and mayors, to be conducted by a show of hands instead of a secret ballot. Establishes grounds for the removal of these office-bearers and sets a two-year minimum term before they can be removed, except for specified violations.
- Binding Coalition Agreements: Mandates binding coalition agreements in municipalities with no majority party to regulate governance participation and improve service delivery. Introduces a minimum threshold of one percent of valid votes for a party to qualify for a council seat, reducing the influence of small parties.
- Transparency and Accountability: Requires coalition agreements and the roles of political office-bearers to be made public. Promotes transparency by making coalition agreements enforceable and subject to public scrutiny.
- Stability in Governance: Provides a legislative framework for the management of coalition governments to address governance and service delivery challenges in municipalities. Ensures that when an executive mayor vacates office, the mayoral committee dissolves, but the collective executive system remains to maintain stability.
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