My Vote Counts (MVC) notes the second tabling of the Local Government: Municipal Structures Amendment Bill (the Coalitions Bill) in Parliament. While the need for a stable governance framework in South Africa’s municipalities is clear, the current process raises serious constitutional concerns.

We specifically question whether Parliament can fulfill its constitutional duty to facilitate meaningful public participation while rushing to pass this legislation before the upcoming municipal elections.

The Minister of Cooperative Governance and Traditional Affairs intends to have this framework in place for post-election municipal coalitions. However, with the Bill having been tabled with roughly 76 days remaining before the elections, achieving this objective would require Parliament to complete the remaining stages of the legislative process, including consideration by both Houses under the Section 76 process, while also facilitating meaningful public participation, all within this already compressed timeframe.

Attempting to process legislation of this significance within such a compressed window creates a serious risk that public participation will be treated as a procedural hurdle rather than a binding constitutional obligation.

Constitutional Obligations vs. Legislative Speed

Efficiency in lawmaking is welcome, but legislative urgency cannot justify a process that fails to satisfy Parliament’s constitutional obligations.

As the Constitutional Court established in landmark rulings such as Doctors for Life International v Speaker of the National Assembly and Matatiele Municipality v President of the Republic of South Africa, public participation is a substantive requirement. A failure to adequately facilitate meaningful public participation can leave legislation vulnerable to constitutional challenge.

Parliament’s own legal advisers have reportedly raised similar concerns, warning of the risks associated with undue haste.

The Coalitions Bill is not a new issue. An earlier version was published for public consultation in 2024, and My Vote Counts participated in that process. The legislation has therefore been under development for more than two years.

The current pressure to pass the legislation before the municipal elections is not the result of a sudden emergency. We believe that delays in the development and processing of the legislation cannot now be used to justify compressing constitutional requirements for parliamentary scrutiny and meaningful public participation.

Our Call to Parliament

We do not seek to block coalition reform; functional municipalities and accountable local government are essential.

While My Vote Counts has substantive concerns about certain provisions of the Bill, and supports others, our immediate concern is the integrity of the process through which this legislation is being considered.

Legislation of this far-reaching and consequential nature cannot be subjected to a rushed process simply to meet an election deadline.

We are therefore writing to the Portfolio Committee on Cooperative Governance and Traditional Affairs, the National Assembly, and the National Council of Provinces to demand clarity. We call on Parliament to exercise its oversight mandate and require the Minister to answer key questions publicly:

  • What is the proposed parliamentary timetable for public hearings?
  • How much time will citizens have to review and comment on the Bill?
  • Can Parliament realistically meet its Section 76 constitutional obligations without undue haste?

An Election Deadline Cannot Override the Constitution

South Africans should not be forced to choose between rushed legislation and democratic integrity. An election deadline cannot become a shortcut around constitutional obligations.

Before citizens vote on who will govern their municipalities, we have a right to participate meaningfully in shaping the rules that dictate how those governments operate. Parliament must demonstrate a credible plan to uphold the Constitution throughout this legislative process.

The need for coalition reform does not diminish the need for democratic process. It makes that process even more important.

ENDS

For more information or media enquiries, contact:

Noxolo Mfocwa (Advocacy Lead, My Vote Counts)

Email: communications@myvotecounts.org.za

Calls & WhatsApp: +27762723782