The ’vat en sit’ coalition arrangement has become unsustainable
THE political campaigning for the municipal elections is in full swing and it is only few hours before millions of South Africans go to the polls.
All major political parties hope to win by outright majority, particularly in the metros. It is, however, clear that the instability that beset most hung councils created an anxiety to most political parties and these parties are longing for days when they could govern on their own.
Major political parties would want to govern without having to account to other parties. However, most of them are well aware that they will have to prepare to govern in partnership with other political parties.
A few months ago, the MEC of Co-operative Governance and Traditional Affairs in Gauteng, Lebogang Maile, was so frustrated with the lack of service delivery and instability in the Tshwane municipal coalition that he decided to dissolve its council.
He had hoped that by putting Tshwane under administration it would eventually lead to a by-election and this by-election would ostensibly produce an outright winner.
It is, however, not a given that a by-election would produce a different result. As we all know by now, his actions were found to be unlawful by the courts and he had to endure having to work with the coalition partners in the Tshwane municipality.
It is becoming increasingly clear that we, as a country, have to prepare ourselves to live under coalition governments as the days of one dominant party are almost extinct.
Political parties and leaders must also begin to come to terms with the reality of certain areas where the election result would not produce an outright winner. Such a situation must not be seen as an inconvenience but a reality that should be expected under a proportional representation system.
A proportional representation system unlike the “First Past the Post System” (FPPS) inherently produces an arrangement where there is no outright winner and political parties would have to learn to work together for the benefit of society. In a FPPS or the winner-takes-all system, a party that receives a simple majority is regarded as a winner and would not need the support or concurrence of other parties to govern.
It is becoming increasingly clear to most of us that the 2021 municipal elections will produce even more hung councils. The 2016 municipal elections produced 27 hung councils and “vat en sit” coalitions where there are no clear principles and protocols that govern such coalitions.
Even though there is generally a state of paralysis in many municipalities in South Africa, hung councils have brought about a unique set of circumstances and instability. It is therefore in the interest of all of us that the lack of service delivery and instability in hung councils is addressed before the situation deteriorates even further.
Kenya, which has a history of election results that do not produce an outright winner, has created an office of the Registrar of Political Parties where coalition partners deposit their coalition agreements. This office regulates relationships of political parties in a coalition and helps to ensure stability in governance.
The time may have arrived in our country for us to regulate coalitions. This must be done in order to ensure stability and service delivery, particularly in hung councils.
The country must consider establishing a structure similar to the Commission for Conciliation, Mediation and Arbitration (CCMA) to regulate coalitions.
This structure will operate along the same lines as the CCMA and political parties that enter into a coalition will deposit their agreement with this office. The agreement will contain key principles and a basic service deliver programme of coalition partners.
There will also be conflict and dispute resolution protocols that govern the relationship of parties. In the event of dispute, parties to the agreement will approach this office for assistance in resolving such disputes.
Whenever there are disputes, a commissioner or a panel of experts will sit together with parties to the agreement and try to resolve the disagreements through conciliation.
If this process does not resolve the dispute the matter can be referred for arbitration. A party that is still dissatisfied by the decision of the registrar or commissioner can still approach the Electoral Court for a final order.