The Democratic Alliance’s (DA's) bills to limit motions of no confidence in mayors in order to create more stable coalitions, are ready to be tabled in Parliament, the party’s chief whip Siviwe Gwarube announced on Monday.
Last month, the first suite of Bills was published in the Government Gazette for public comment, and according to Gwarube, the Constitution Nineteenth Amendment Bill and the Local Government: Municipal Structures Amendment Bill are now ready to be deliberated on in Parliament.
"These two bills seek to achieve stability in all spheres of government by limiting the number and the circumstances under which motions of no confidence can be moved in a mayor, premier or the president. While motions of no confidence are a crucial accountability mechanism, they are susceptible to abuse as we have seen at a local government level," said Gwarube in a statement.
"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," she added.
While the legislative amendments seek to limit motions of no confidence, they do contain a "safety net" to allow motions in 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," Gwarube said.
"Currently, coalition governments may be voted in, and pass a budget that they may never get to deliver against. It is impossible to hold these governments to account for good governance practices and services delivery if they change frequently, and often due to backroom deals that have no intention on serving the people which should always be the main priority of any government.
"It is critical that Parliament is proactive in creating a legislative framework that would ensure governance stability and reliable service delivery."
Just this week, Johannesburg Mayor Thapelo Amed and council Speaker Collen Makhubela are facing motions of no confidence. If the motion passes, whoever is elected mayor will be the fourth for the City of Johannesburg in the space of a few months.
Furthermore, the DA also gazetted a Bill to amend the Municipal Structures Act to introduce electoral thresholds at a local government level for public comment. This will be the third in the four-part suite of legislation.
"As we had committed last year, the DA will bring these pieces of legislation to the floor of Parliament so that we stabilise current and future coalition governments," said Gwarube.
"As lawmakers, nothing else is more important. The DA will continue to lobby various political parties in and outside of Parliament to support these legislative changes we seek to bring. South Africans are looking to their elected representatives for solutions to the coalition governments instability and service delivery throttling."
While the DA’s private members’ bills have traditionally been shot down by the ANC, the governing party has made similar noises about legislation to ensure stable coalitions.
Answering questions in the National Council of Provinces on Thursday, Deputy President Paul Mashatile said coalitions were becoming the order of the day in local government.
"We need a regulatory framework. We must fix the way coalition governments are set up," he said.
"We need to get the model right."
Mashatile said a framework developed by the SA Local Government Association (Salga) could be used to implement coalitions practically.
"The government will review the impact of dysfunctional coalition arrangements and its effect on service delivery. We are particularly concerned that municipalities are derailed because of endless disruptions of coalition governments," he said.
The ANC has, however, been a keen parti...