CAPE TOWN, Western Cape — With just 71 days remaining until the 2026 local government elections, the civil society organization My Vote Counts (MVC) is raising urgent concerns over the rushed passage of the Coalitions Bill. Project lead for money in politics Joel Bregman warns that fast-tracking the legislation to meet the November 4 deadline could compromise constitutional requirements and undermine meaningful public participation, despite clear intentions from CoGTA Minister Velenkosini Hlabisa and the ANC to pass the bill before the polls.
The proposed legislation seeks to bring stability, transparency, and structure to hung municipal councils and coalition local governments. However, Bregman emphasizes that the bill, which has been in development since 2024, is a consequential piece of legislation that will fundamentally change how local government operates, how accountability is enforced, and how political parties form coalitions.
Constitutional Concerns and Public Participation
At the heart of the civil society group’s caution is the integrity of the lawmaking process. Bregman notes that South Africa operates as a consultative democracy, where citizens must have the ability to provide input on essential legislation. Rushing the bill now, he argues, leaves no justification for forcing it upon the public without adequate consultation.
My Vote Counts has already written to the relevant portfolio committee, the select committee, and the speaker of parliament to seek clarity on their intentions regarding public participation. Bregman cautioned that failing to conduct this process properly carries significant legal risk, noting that the Constitutional Court has previously struck down laws for exactly this reason.
Balancing Stability and Accountability
While the urgency is driven by a desire to stabilize local governance, Bregman points out that certain elements of the bill could still be implemented effectively if passed post-election. For instance, provisions regulating motions of no confidence could be introduced at a later stage without disrupting the immediate election timetable.
The current version of the bill introduces binding coalition agreements for scenarios where no single party secures 50 percent plus one of the council vote. However, Bregman highlighted a lack of clarity on how these agreements would function in the messy reality of local politics, warning that legislation alone cannot tie parties together for five years if the underlying political will is absent.
On a positive note, My Vote Counts acknowledges that the latest draft has removed electoral thresholds. The organization had strenuously opposed such thresholds, as they would have marginalized smaller parties and consolidated the power of larger, dominant political entities.
The regulation of motions of no confidence remains a complex balancing act. While limiting these motions can prevent the politicized abuse that has historically halted council operations and budget approvals, Bregman warned that overly strict limits could also remove a vital mechanism for holding poorly performing councilors accountable.
The Push for Pre-Election Transparency
Ultimately, Bregman stressed that overlegislating politics cannot replace genuine cooperation. The recurring “musical chairs” of shifting coalitions and party infighting will persist until political parties prioritize the long-term service delivery needs of citizens over narrow political interests.
To bridge the gap and prevent voters from going to the polls blind, Bregman advocated for clearer pre-election party agreements and stronger leadership. He suggested that political parties should transparently declare which other parties they are considering joining forces with, and outline the policies they would pursue in a coalition.
This level of pre-election transparency, Bregman concluded, would genuinely empower voters, demonstrate a commitment to accountability, and ensure that post-election governance aligns with the mandates given by the public, rather than resulting in dramatic, unmandated policy shifts behind closed doors.
