Media Statement - Cogta Committee to Set Out Next Steps for Processing Coalitions Bill

• The Portfolio Committee on Cooperative Governance and Traditional Affairs has begun processing the Local Government: Municipal Structures Amendment Bill of 2026, also known as the Municipal Coalitions Bill.
• Key proposals include mandatory written coalition agreements, an extended period for constituting municipal structures, and a 12-month cap on motions to remove office bearers.
• Provisions for electoral thresholds were omitted from the current Bill due to constitutional concerns but will be revisited by the committee.
• The Bill is expected to be tagged as a Section 76 Bill, meaning it affects provinces and will likely take up to 30 months to process, thus not being finalised before the next local government elections.
• The committee is yet to begin substantive deliberations and will first develop a detailed processing framework with proposed timeframes.

The proposed mandatory written coalition agreements will introduce new compliance requirements for transparency and accountability, necessitating legal review and drafting for future municipal alliances.

The Portfolio Committee on Cooperative Governance and Traditional Affairs (Cogta Committee) recently commenced its engagement with the Local Government: Municipal Structures Amendment Bill of 2026, widely known as the Municipal Coalitions Bill. This initial substantive briefing marks a significant step in the legislative journey for a proposal designed to establish a comprehensive framework for the formation and effective operation of coalition governments within South Africa's local government sphere. The Cogta Committee Municipal Coalitions Bill processing is now set to move into a detailed planning phase, as the committee prepares to outline its program for advancing this critical piece of legislation.

Central to the South Africa Local Government Municipal Structures Amendment Bill 2026 are several key legislative proposals intended to reshape municipal governance. A prominent feature is the introduction of mandatory written municipal coalition agreements SA. This requirement seeks to enhance transparency, ensure these agreements are legally binding, and subject them to greater public accountability. Once finalised, these agreements would need to be submitted to the relevant Municipal Manager and the Member of the Executive Council (MEC) responsible for local government in the respective province, followed by publication in the Provincial Gazette.

Further municipal governance structure changes SA include extending the period for constituting municipal governance structures from the current 14 days to 30 days. This adjustment aims to provide more time for political parties to negotiate and form stable administrations. Additionally, the Bill proposes capping the timeframe for motions to remove specific municipal office bearers at 12 months. This limitation is designed to curb rapid leadership changes, while still permitting removals on clearly defined grounds such as financial misconduct or criminal conviction, among others. The legislation also seeks to strengthen Municipal Public Audit Committees and establish clearer continuity measures when speakers or executive mayors vacate their positions.

During its initial review, the Cogta Committee also addressed significant procedural and constitutional considerations impacting the Municipal Coalitions Bill. Parliament's Constitutional and Legal Services Office advised the committee on the necessity of "tagging" the Bill, determining whether it falls under Section 75 or Section 76 of the Constitution. This classification is crucial as it dictates the legislative processing timeframes. The preferred approach is to tag it as a Section 76 Bill local government South Africa, signifying its impact on the provinces.

While Section 76 Bills are considered ordinary Bills, there is no fixed period for their processing, with timelines influenced by factors such as legislative complexity, the extent of required public involvement, and consultation. Historically, Section 76 Bills in the Sixth Parliament took an average of 34 months to be finalised. However, Joint Rule 245 now stipulates that both Houses must process Section 76 Bills within 30 months from their introduction, though extensions can be agreed upon. The committee also noted that provisions concerning electoral thresholds, present in an earlier draft, were omitted before tabling due to constitutional concerns raised by the Office of the Chief State Law Adviser. These omitted provisions aimed to set thresholds for political representation and eligibility for various posts. Despite their removal from the current version, Chairperson Dr. Mkhize affirmed that the committee intends to revisit the issue of thresholds during its upcoming deliberations.

The ongoing Cogta Committee Municipal Coalitions Bill processing holds significant implications for the stability and accountability of local government in South Africa. The proposed mandatory municipal coalition agreements SA, alongside the adjustments to governance timelines and office bearer removal processes, represent a substantial shift in how municipal alliances will operate and be scrutinised. Legal professionals advising political parties and municipalities will need to closely monitor the Bill's progress, preparing for new compliance requirements in drafting and reviewing future coalition arrangements.

Given the typical processing times for Section 76 Bills, even with the new 30-month guideline, it is anticipated that the South Africa Local Government Municipal Structures Amendment Bill 2026 will not be finalised before the next local government elections. This timeline suggests that while the legislative framework is being developed, the immediate electoral landscape will likely remain under existing rules. The committee's upcoming task of developing a detailed processing framework, including proposed timeframes, will be crucial in determining the pace and ultimate shape of these vital municipal governance structure changes SA.

Lawyers advising political parties or municipalities in South Africa should closely monitor the progress of the Municipal Coalitions Bill. The proposed mandatory written coalition agreements will introduce new compliance requirements for transparency and accountability, necessitating legal review and drafting for future municipal alliances. Additionally, changes to governance timelines and office bearer removal processes will impact municipal stability and require updated legal guidance.

Source: Original reporting via parliamentary briefing