Lindsay Dentlinger23 May 2024 | 14:55

COGTA proposes amendments to Local Government Municipal Structures Act to stabilise hung councils

The cooperative governance minister said that the amendments came in response to the outcry for guidelines and rules that will govern and stabilise coalition governments.

COGTA proposes amendments to Local Government Municipal Structures Act to stabilise hung councils

Minister of Cooperative Governance and Traditional Affairs, Thembi Nkadimeng. Picture: @ThembiNkadi/X

CAPE TOWN - Stricter rules could be on the way to stabilise hung municipal councils and to limit the horse trading in search of positions. 

Councillors will have to vote by a show of hands to remove a mayor, speaker or chief whip, and they won’t be able to do so for at least two years after their election to office, unless they’ve committed a serious offence.

These are among the amendments being proposed to the Local Government Municipal Structures Act, published by the cooperative governance minister this week. 

Among proposed amendments to the running of hung municipal councils, is that an MEC will have to convert a mayoral system to a collective executive system within 30 days after an election if there’s no outright majority. 

If a coalition collapses, and the mayor is removed, the rest of the executive - who are elected by proportional representation - will be unaffected. 

No motions of no confidence may be entertained for at least two years after a mayor is elected, unless on justifiable grounds.  

This provision is intended to stabilise governance for hung councils, and provide for greater transparency and accountability. 

Outlawing secret votes is also expected to limit bribes in exchange for votes or positions.

Political parties will also have to achieve at least one percent of the votes needed for a seat in a council to be represented, failing which they will be removed from seat allocation calculations. 

The department said this would allow coalitions to be formed from fewer parties and prevent smaller ones from dictating the terms. 

A coalition agreement will also become legally binding, and be made public. 

Coalitions will be able to negotiate for the positions of mayor, committee chairs and chief whip. 

Hung councils have increased from 24 in 2000 to 81 after the 2021 local government elections. 

The cooperative governance minister said that the amendments came in response to the outcry for guidelines and rules that will govern and stabilise coalition governments. 

The public has until 5 July to submit comments on the bill to the cooperative governance department.