As the future of the coalition government between the African National Congress (ANC) and Democratic Alliance (DA) in Gauteng is skating on thin ice, Jac Marais from Adams and Adams Law Firm says for coalitions to be effective, parties need to drastically increase transparency during coalition negotiations and deals, subjecting them to public scrutiny to hold elected representatives accountable.
Coalition collapse: Political and legal consequencesMarais, a litigation and dispute resolution specialist who did a case study on what could happen when a coalition doesnt work using the City of Tshwane as an example, says coalition agreements serve as a roadmap for coalition governance. He says it often relies on political rather than legal mechanisms to ensure adherence.
If parties to a coalition agreement fail to honour their commitments, the repercussions are typically political rather than legal, he says.
Marais is of the view that a coalition can work as it has in other countries such as Germany, Cape Verde, and Switzerland. However, local sphere coalitions in South Africa have varied in stability, with the City of Tshwane providing a notable case study of legal consequences when coalitions collapse.
City of Tshwane collapseA coalition between the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF) formed the City of Tshwane Metropolitan Municipal Council, which the Gauteng Provincial Executive dissolved. The dissolution was due to failure to meet executive obligations, as the council was labelled as dysfunctional. However, the Constitutional Court had to assess whether the provincial executives decision was justified. The provincial executive used section 139(1)(c) of the Constitution, which allows for intervention, including dissolution if a municipality fails to fulfil its executive obligations.
