Public asked to comment on municipal structures’ amendment bill

Do you think limiting the frequency at which municipal office bearers, including a mayor and speakers, are removed from office will bring stability in coalition-governed municipalities?  

The ministry of cooperative governance & traditional affairs (Cogta) has called for public comment on the municipal structures’ amendment bill which seeks to give guidelines on governing such municipalities. 

You can have your say by making submissions via post or email. The deadline for comments is July 5.

The department said coalition governments have not become institutionalised despite coalitions becoming relatively common in SA. 

“There are no rules or guidelines for coalition governments. The high number of hung councils has highlighted the need to strengthen the guidance on the formation and management of coalition councils,” reads the bill in part.

“There has also been a huge outcry for a framework or guidelines or legislation that will guide the formation and management of coalition governments within the local government sphere.

“These challenges brought about coalitions government in municipalities, calls for a legislation or framework to guide and strengthen the functioning of coalition within municipalities,” states the bill.

What exactly does the bill aim to achieve?

• The bill aims to amend the Municipal Structures Act of 1998, to limit the frequency in which to remove a speaker, whip, executive mayor or deputy executive mayor from office. 
•  According to the bill, a municipal council, by a resolution taken by show of hands may remove its speaker, mayor, deputy mayor or whip from office provided that two years have passed since they were elected.
• The bill proposes doing away with secret ballots but to vote by a show of hands.  
• Prior notice of an intention to move a motion for the removal of the official must be given.
• However, the council would have the power to remove the officials from office at any time on grounds of serious violation of the Constitution of the law, serious misconduct, or inability to perform the functions of the office. 

The responsibilities of speakers, mayors and whips of council are legislated by the Structures Act. For instance, a speaker is required by the Act to convene meetings of council, including when requested by a major of councillors to do so. Therefore, non-compliance or refusal could result in the removal of the Speaker.

Cogta deputy director-general Kevin Naidoo said the speaker, whip, mayor were senior positions in municipal councils and become “targets” in some coalition-governed municipalities and the removal of the officials often results in instability in the council.

“The provisions for the removal of the MOBs [municipal office bearers] by introducing a two-year ‘cooling off period’ is meant to ensure that there are no frequent changes at this level and to ensure continuity in the executive functioning of the municipality.

“Our ultimate aim is to ensure stability and the continuous delivery of services,” he said.

Naidoo said removal on grounds may occur as follows:

•  Failure to perform the functions of the office in good faith, honestly, and in a transparent manner;
•  Non-attendance of meetings; unauthorised disclosure of confidential information;
•  Non-declaration of personal interests; using the position or privileges of a councillor, or confidential information obtained as a councillor, for private gain or to improperly benefit another person;
• Solicit or accept any reward, gift or favour for voting or not voting in a particular manner on any matter before the municipal council; 

The bill further provides for the speaker to appoint an independent panel to determine the validity of a motion to remove a speaker, whip, executive mayor or deputy executive mayor.

It also proposes that in a municipality where no party has a majority of seats on the council, any two or more political parties may enter into a binding coalition agreement (CA), a written agreement negotiated between parties that form a coalition government in a municipality.  

Naidoo said they envision the agreement to include:

• To be more detailed on CAs, encompassing matters such as agreeing on key political and administrative appointments;
• Formulating joint policy resolutions and establishing effective dispute resolution mechanisms;
• Party with greatest number of votes to lead CA, to avoid unscrupulous manipulation by parties less represented in council to dictate the functioning of council by ensuring that a party with greater numbers enter into coalition;
• Mayor and speaker to come from a party with majority seats to avoid creation of expectation on the election of the mayor or speaker to curb the potential infight for executive positions;
• There should be clear grounds to terminate/amend the CA and should include grounds for the termination and review of the agreement to allow for parties to review prior to resorting to political infighting given rise by the change in circumstance; 
• Consequence management for councillors that breach the agreement – the experts or councillors would say what additional grounds to be added ;
• Content of the agreement to be made public to promote accountability by providing for a formalised and published agreements should be the paramount medium-to-long-term.