Gauteng government: What happens when a coalition fails?

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 consequences

Marais, a litigation and dispute resolution specialist who did a case study on “what could happen when a coalition doesn’t 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.”

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City of Tshwane collapse

A 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 executive’s 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.

Marais says before a dissolution, which happens under exceptional circumstances, the provincial executive intervention can include issuing directives or assuming responsibility. The court’s judgment concluded that the jurisdictional facts required for dissolution did not exist and that the council’s dissolution was not warranted. The High Court’s order was modified to require the provincial executive to investigate the cause of the deadlock within the council and recommend appropriate actions.

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When a provincial coalition fails

What happens when a provincial coalition fails? Marais says the national government can intervene in provincial administration using Section 100 of the Constitution. However, this section lacks a dissolution clause. “The national government cannot dissolve the provincial legislature and call for new elections, it can only take various steps to ensure that provincial governments fulfil their duties.”

He explains that this framework ensures that interventions are aimed at support and correction rather than control or replacement, which aligns with the constitutional mandate to strengthen the effectiveness of government across all levels while preserving the democratic process.

How to get coalitions to work

Professor Jannie Rossouw, an expert in political economics from the Wits Business School is of the view that co-governing agreements forged at the national and provincial levels, especially in provinces where no single party secured a clear majority, are poised to influence the makeup of existing coalitions in numerous municipal councils.

He also notes that the forthcoming cooperative governance deals, particularly in provinces with hung assemblies, will likely have a trickle-down effect.

“The Constitution promotes the rule of law, transparency, and accountability, forming the basis for coalition agreements. By adhering to these principles, South Africa can navigate coalition governance complexities, ensuring stability and effective service delivery for all citizens,” says Rossouw.