As the ANC loses ground in many metros across the country, we’re hearing one word thrown around rather willy-nilly.
That would be ‘coalition’, and we’re all saying it, but what exactly does it mean? We know the DA might need to cosy up to the EFF in a few areas to push past the 50% mark, but then who picks the mayor and what are the procedures that take place?
Constitutional law expert Pierre de Vos is here to help, and here’s what he said according to BusinessTech:
Question: What happens if no party obtains a majority of seats in a municipal council?
If no party wins a majority of seats in a municipal council which has opted for an executive mayoral system, the largest political parties in the council will obviously attempt to form a formal coalition with other political parties or independent councillors to secure a governing majority.
A party who has obtained the largest number of seats on a municipal council (but not an outright majority) does not have an automatic legal right to form the municipal government. Any group of parties who can cobble together a coalition of 50% plus 1 can form a coalition government, regardless of whether the largest party in the coalition is the largest party in the council. Of course, the closer to 50% of the seats a party obtains in a municipal council, the easier it will be for that party to cobble together a coalition.
For example, if in a municipal council with an executive mayoral system, the ANC won 42% of seats, the EFF 13% of the seats, the DA 35% of the seats and smaller parties and independent councillors 10% of the seats, the ANC and the EFF, the ANC and the DA or the ANC and smaller parties and independent councillors could form a coalition. The DA, the EFF and some or all of the smaller parties or independent councillors could also form a coalition.
Such a coalition will usually agree on who to support when voting for the speaker and the executive mayor (and the deputy executive mayor where a municipal council has been given permission to elect one). They will also agree beforehand on the composition of the mayoral committee…
Right, got that? But what happens if, for example, Julius and Mmusi have a falling out following a coalition and decide to go their separate ways?
Question: What happens if a coalition collapses or if smaller parties withdraw their tentative support for the speaker or mayor?
When this happens the speaker and the executive mayor can be removed from office by a simple majority vote by councillors. A new coalition can then be negotiated and a new speaker and mayor elected.
Or if this does not happen, minority parties may support the election of a new speaker and mayor without forming an official coalition with any of the larger political parties, in which case a new minority government will be formed.
My uneducated guess at what the next few weeks, months and (possibly) years will entail? Much floor-swapping, serious power plays and hopefully some soul-searching from the ANC into how they managed to alienate so many voters in so little time.
JZ, your legacy mate.
[source:businesstech]
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