The “Coalition Bill” that, if passed, could fundamentally change the way municipalities are governed

The Community Action Network (CAN) has compiled a submission on the “Coalition Bill” that, if passed, could fundamentally change the way municipalities are governed.

CAN is making its submission available to the public to boost community activism and public participation, and allowing those who wish to use the CAN submission as a basis for their own submissions.

CAN project manager Jonathan Erasmus says part of CAN’s mission is to help individuals and grassroots communities to become actively involved in all matters of local government.

“By asking the public to join our submission, we aim to help facilitate better public discourse on a bill that has far-reaching implications if left in its current form,” says Erasmus.

The Municipal Structures Act Amendment Bill is out for public comment until July 5, 2024.

The bill claims the changes will enhance clarity, transparency, stability, accountability, and conflict resolution in governance.

1. However CAN, an initiative of the Organisation Undoing Tax Abuse (OUTA), has read through the amendments and has identified several primary challenges namely:

   Political overreach into local government affairs from a ministerial level in national government.

2. Political overreach into local government affairs from a ministerial level in the provincial government.
3. Excessive restrictions on the right to bring forward motions of no confidence against office bearers such as the mayor, deputy mayor or speaker.
4. Removal of the secret ballot option as a voting mechanism.

Erasmus says while the bill’s intention is to stabilise coalition governments in municipalities, a number of the proposed amendments strip power away from municipalities, the councillors and by extension the voters.

“Some of the amendments up for discussion traverse delicate ground and, if not designed appropriately, may go against the spirit of our Constitution and impede democracy in local government,” says Erasmus.

He says the CAN submission has its foundation in respecting the separation of powers and that the Constitution must be respected at all times while we acknowledge that action is required to stabilise municipalities in the age of coalition government.

“We recognise these amendments matter and could in time act as a template and a working example for provincial and national government coalition government legislation. Therefore it is important that we get them right,” says Erasmus.

He says the proposed changes suggested by CAN will enhance governance without introducing new challenges.

“Additional democratic safeguards and oversight measures are essential to maintain balance and fairness in municipal governance but they must be reasonable,” says Erasmus.