With over 120 hung councils in South Africa, the question remains what happens if coalition talks fail and no agreements are reached within the 14-day deadline after the Electoral Commission of South Africa declares the elections fair and free. According to Dr Lungelwa Kaywood, an extraordinary associate at Stellenbosch University's School of Public Leadership, coalition negotiations do not override the legal requirements governing the establishment of municipal councils.
Dr Kaywood explains that the law outlines a sequence of events, including the first council sitting within 14 days after the Electoral Commission declares the elections results. This sitting is primarily aimed at electing a speaker, with the municipal manager presiding over proceedings until that process is completed. The municipal manager will preside over the first meeting to ensure the election of the speaker takes place, and they will have to vote multiple times until they agree on who the ideal candidate is.
While coalition negotiations can be contentious, Dr Kaywood notes that the law provides for intervention if councils fail to function. The municipal manager and administration will continue with service delivery, even if councils have not yet been constituted. Dr Kaywood stresses that there should be no impact on service delivery while political parties continue negotiating, but prolonged instability could eventually affect governance and financial oversight.
One of the key concerns for residents is whether coalition deadlock could disrupt service delivery. However, Dr Kaywood clarifies that municipal administrations continue to operate even when councils have not yet been constituted. She expressed concern that coalition negotiations are not always driven by governance and service delivery priorities, and voters should have greater insight into coalition agreements, as they ultimately shape municipal governance.
Dr Kaywood warns that prolonged instability could affect governance and financial oversight, particularly when it comes to budgeting and mid-term budget reviews. If councils fail to sit and preside over budget reviews, it could lead to financial instability. She also notes that every decision made during negotiations could influence council policies for the next five years.
Despite her concerns, Dr Kaywood believes political parties will ultimately be compelled to compromise, and there are likely to be trade-offs, with smaller parties potentially becoming kingmakers in hung councils. She expects councils to become operational despite the challenges of coalition negotiations, and ultimately, councils will sit and speakers will be elected.
Dr Kaywood's comments come as pressure mounts on political parties to court each other and make compromises to form coalitions to run hung municipalities. With the governance uncertainty likely to continue, residents will be watching closely to see how the situation unfolds.
Key points
- Governance should not stop due to coalition negotiations.
- Municipal administrations will continue with service delivery even if councils have not yet been constituted.
- Prolonged instability could eventually affect governance and financial oversight.
