Notice of Introduction Constitution Nineteenth Amendment Bill, 2023, [PMB]

In accordance with section 73(2) of the Constitution of the Republic of South Africa, 1996, notice is given Ms Siviwe Gwarube, MP, intends to introduce the Constitution Nineteenth Amendment Bill, 2023, in Parliament. An explanatory summary of the Bill is hereby published in accordance with Rule 295(1) of the Rules of the National Assembly (9th Edition).

Background

South Africa is currently in a transitionary phase where the ruling party no longer holds majorities in a number of metros or councils across South Africa. With the 2024 National Elections around the corner, these elections are poised to be the first instance where the ruling party will slip below 50% of the votes. What this means for South Africa is that coalition governments will now be the “new norm”. Parties and Independent Candidates will have to come together and form workable coalitions for the good of South Africa.

However, what we have witnessed at municipal level are continuous political attacks on coalition governments from opposition parties who politick smaller parties to cross the floor in exchange for valuable MEC positions should the current government be successfully removed by way of a motion of no confidence. What we see in practice is motions of no confidence being used as a political tool, rather than for the mechanism it was originally intended, being a process to remove a speaker or mayor from office due to them not fulfilling their duties adequately. In fact, these motions are brought on spurious grounds only due to the fact that the opposition coalition has 50% +1 of the votes to pass the motion. The result is that these motions make cities or municipalities ungovernable as a new Executive is installed every other month, not allowing the current incumbent government enough time to actually make a difference.

There can be no question that this practice will work its way up to both provincial and national governments when the time comes which will have a disastrous impact on the stability of the country. What needs to change is simple – there needs to be a limitation on the number of motions of no confidence that are allowed to be brought either at national or provincial spheres in a certain time frame. This will, at the very least, give the respective government an uninterrupted period in which to perform or steady the country.

The draft Bill therefore intends to limit the number of motions of no confidence to be brought against a President or Premier to only one motion per every 12 months from the date of the last motion. However, as a safety net, the draft Bill will propose that additional motions of no confidence may be brought in exceptional circumstances such as a violation of the Constitution or law; misconduct or the inability to perform the functions of office. The purpose of this provision is to safeguard against instances where a motion of no confidence is brought against the President or Premier on frivolous political grounds but then shortly thereafter, there is a real and valid ground for their removal.

Find here: Notice of Introduction Constitution Nineteenth Amendment Bill, 2023, [PMB]

Comments can be emailed to the Speaker of the National Assembly at [email protected] and Ms Siviwe Gwarube at [email protected] by no later than Tuesday, 25 April 2023.

Enquiries can be directed to Ms Siviwe Gwarube at [email protected]