Johannesburg, South Africa – As South Africa grapples with the aftermath of the 2024 elections, the question of how to handle hung or dysfunctional provinces has become a pressing concern. The inability of any single party to secure a majority share of the vote in crucial provinces like Gauteng and KwaZulu Natal has led to a new era of governance, marked by the emergence of the ANC-led 'Government of National Unity' (GNU). However, the formation of coalitions within the GNU has not been without its challenges, raising important legal and governance questions.
Legal experts from the reputable firm Adams & Adams, Thandiwe Seboletswe and Cohen Grootboom, have conducted a comprehensive analysis of the current legal framework and potential consequences of coalition breakdowns. According to their findings, while the national government has the authority to intervene when provincial coalitions collapse, it does not possess the power to dissolve provincial governments and trigger new elections.
The implications of this legal framework are significant, as the collapse of coalitions within hung or dysfunctional provinces could have dire economic and governance consequences, particularly for marginalized and impoverished communities. Seboletswe and Grootboom emphasized the importance of addressing these challenges within the confines of the law to avoid exacerbating the already precarious situation.
The case study of the City of Tshwane provides insights into the legal ramifications of coalition breakdowns at the local level. The dissolution of the City of Tshwane Metropolitan Municipal Council, following the collapse of an informal coalition between the Democratic Alliance and the Economic Freedom Fighters, prompted a dispute that reached the Constitutional Court. The court's assessment centered on the provincial executive's decision to dissolve the council under section 139(1)(c) of the Constitution, which allows for intervention, including dissolution, if a municipality fails to fulfill its executive obligations.
The Constitutional Court ruled that the dissolution of the council was not justified, highlighting the importance of cooperative governance and proportional interventions. The court modified the High Court's order, requiring the provincial executive to investigate the cause of the deadlock within the council and recommend appropriate actions.
When it comes to coalition breakdowns at the provincial level, Section 100 of the Constitution guides national intervention in provincial administration. Unlike Section 139, Section 100 lacks a dissolution clause, meaning the national government does not have the authority to dissolve provincial legislatures and call for new elections. This framework respects the autonomy of provincial governments, aligning with the principles of cooperative governance and the strengthening of government effectiveness while preserving the democratic process.
The impact of national and provincial coalitions reaches beyond the halls of power, influencing local governance structures as well. Professor Jannie Rossouw, an expert in political economics from the Wits Business School, predicts that cooperative governance deals formed at higher levels of government will have a trickle-down effect on municipal councils. This has implications for the composition of local councils entangled in delicate coalition arrangements.
To ensure the effectiveness of coalitions, experts emphasize the need for increased transparency in negotiation processes. Professor Rossouw asserts that coalition agreements and contracts should be made public, allowing citizens to hold elected officials accountable. Pranish Desai from Good Governance Africa echoes this sentiment, emphasizing the importance of public scrutiny to maintain transparency and foster trust in the political system.
As South Africa charts its course in this new era of governance, navigating the complexities of coalitions and preserving democratic principles will be paramount. The legal analysis provided by Seboletswe and Grootboom sheds light on the intricacies of the current legal framework, highlighting the need for cooperative governance and proportional interventions to ensure the stability and effectiveness of government at all levels.
