The formula used by the Electoral Commission of South Africa (IEC) to allocate seats in municipal councils after local government elections, must be further clarified through the Municipal Structures Amendment Bill which is currently before Parliament’s Portfolio Committee on Cooperative Governance and Traditional Affairs (CoGTA).
The Committee Chairperson, Mr Richard Mdakane, said though the formula was functionally efficient, there was a general lack of understanding among political parties and voters, to an extent where some people feel they have been robbed when council seats are allocated after elections.
During a committee meeting at Parliament this week, the Chairperson said there was a complete misunderstanding of the formula used in the allocation of seats after local government elections, and the Bill must help to clarify that.
“This Bill must be able to clarify the formula used in the allocation of council seats after local government elections in order to avoid confusion, because currently there is no adequate understanding among political parties and the public,” Mr Mdakane said.
The Chairperson said the formula used in the allocation of seats in local municipalities was a good formula, but it was the lack of understanding that was a concern and resulted in questions from unsatisfied political parties.
“Much of the unhappiness is as a result of the misunderstanding of the formula by political parties, the more you explain the process, the more understanding and legitimacy, so we need to make sure that this Bill clarifies the formula for everybody to understand,” the Chairperson said.
This week the South African Local Government Association (Salga) provincial departments of Cogta from Western Cape, KwaZulu-Natal and Northern Cape, made submissions on the Amendment Bill before the committee.
The main objective of the Bill is to address the problems that have been experienced in the implementation of the Municipal Structures Act since its inception, most notably around the administration and management of local government elections, and to promote the effective and efficient implementation of the Act, as well as to strengthen the oversight and governance in municipalities.
In its summary, the Bill also mentions that presently there are different interpretations with regard to the date of assumption of duty, with some councils interpreting it as the date of the election, and some interpreting it as the date when the publication of the results in the government Gazette takes place.
Dr Kevin Naidoo from the national department of CoGTA also supported the need to clarify the Bill and said that if it is finalised earlier, it could help avoid challenges in the next local government elections in 2021.
By Sakhile Mokoena
15 November 2018
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