A murky pond — SA’s coalition politics turns political minnows into big fish

The decision by the Johannesburg High Court that found that the Joburg council’s decision to remove Mpho Phalatse as mayor was invalid may have long-term implications for council meetings when coalitions break down in the future. But the situation in that city also reveals some of the inner tensions within political parties about coalitions, and how decisions are made about who and who not to work with.

At the same time, there is more evidence, that as in Nelson Mandela Bay, in Joburg smaller parties have an outsize influence on who is in power. This means that they are able to exercise far more power than they deserve, considering the small number of votes they receive. This appears to be less than democratic in that minority groups will have a far greater voice than parties representing the majority.

Tuesday’s ruling regarding the council meeting that removed Phalatse and elected the ANC’s Dada Morero as mayor may have far-reaching implications. As Ferial Haffajee has already pointed out, the ruling was not about politics, but about whether the rules had been followed. It was also a warning that judges will be called on time and again to ensure that the rules are followed in future disputes like this — even though, as reiterated in the ruling, judges do not want to be dragged into political disputes

And there will be more. 

The disputes seen in Joburg this past month, in Ekurhuleni this week, in Tshwane last year and in Nelson Mandela Bay before that, are likely to be replicated at the provincial level in just two years’ time.

Yet we should not expect that political parties will accept the court rulings. 

Joburg is instructive here again — the leader of Al Jama-ah in the Joburg council, Thapelo Amad, told Newzroom Afrika that he believes the Joburg council is the “ultimate power” in the city, and that the court had infringed upon its independence.

Thankfully, in this issue, because of the nature of the case (the application was brought by Phalatse against the Speaker, Cope’s Colleen Makhubele, which the ANC did not oppose), this will not result in complete chaos. Morero immediately stepped aside as mayor, saying Phalatse can resume the seat. In all likelihood, his stepping aside will be short-lived as he will probably be voted back into the position at the next council meeting.

But one can imagine the chaos that may result in a council or a province in future when one of the major players refuses to accept a court ruling. Think service delivery grinding to a halt as political battles play out in the council and courthouses.

While these situations put more pressure on judges, the courts and the very rules of councils themselves, there is also evidence that they are putting more pressure on the dynamics within political parties.

Before the court ruling reinstated her, Phalatse confirmed publicly that she had wanted to stay in power by working with the EFF. She said she had proposed to the DA that the EFF receive just one seat in the Mayoral Committee, as that would allow the DA to stay in power.

But the party’s Federal Council, and presumably that council’s chair, Helen Zille, turned down the proposal and refused to work with the EFF.

This is not surprising. The DA’s top leadership is well aware that the party’s voters would be hostile to any suggestion that it works with the EFF. And EFF leader Julius Malema may well have other intentions. He would not be the first to try and use a coalition agreement with a party simply to weaken it.

Also, it would be an unholy alliance, in that a cursory look at the two parties’ election manifestos shows they want very different things, and from that point of view, it simply would not work.

However, it also shows how part of the DA, represented by Phalatse, wanted to try this avenue irrespective of their divergent positions. 

Strange bedfellows