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DA to table legislation to stabilise coalition governments

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DA to table legislation to stabilise coalition governments

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28th March 2023

By: Thabi Shomolekae
Creamer Media Senior Writer

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The Democratic Alliance (DA) is urging the public, civil society, political parties and interested organisations to provide comments on the Constitution 19th Amendment Bill, 2023 and the Local Government: Municipal Structures Amendment Bill, 2023.

The party explained that the instability witnessed in various metro governments across the country and the possibility of national or provincial coalition governments has spurred it to table legislation in Parliament which would stabilise these governments.

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“We are submitting a suite of Bills to prepare Parliament for the possibility of local, provincial and national coalition governments. It is critical that Parliament is proactive in creating a legislative framework that would assist with governance stability and reliable service delivery,” said DA Chief Whip Siviwe Gwarube.

She noted that the Constitution 19th Amendment Bill will seek to amend sections 102 and 141 of the Constitution which deal will the removal of a President and a Premier through a motion of no confidence.

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While, the Local Government: Municipal Structures Amendment Bill will seek to amend sections 40, 41(e) and 58 of the Local Government: Municipal Structures Act 117 of 1998.

She highlighted that the first Notice of Intention to Introduce a Private Members Bill on stable coalitions was published in the Government Gazette on March 24, while the second one was published on March 27.

Gwarube explained that both Bills seek to achieve stability in all spheres of government by prescribing the number and the circumstances under which motions of no confidence can be moved in a Speaker, 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,” she pointed out.

Gwarube said 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.

“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 nothing to do with the people,” she added.

She explained that while the DA seeks to limit motions of no confidence to a year, there will be a safety net built in that will allow additional motions to be brought 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 added.

The party said it will also introduce more amendments to propose a national electoral threshold and binding coalition agreements once the Electoral Amendment Bill has been constitutionally challenged and signed into law.

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