Uncontested NCOP shows national unity government agreements’ impact on matters provincial

Unlike the National Assembly’s election of its Speaker, Deputy Speaker and, ultimately, the President that stretched over 14 hours as each constitutionally required post was contested, the National Council of Provinces (NCOP) wrapped up quickly on Saturday.

In line with the ANC/DA/IFP national unity government’s statement of intent, signed just ahead of Friday’s swearing in of MPs, the NCOP chairperson came from the ANC. 

This is an important point of agreement. The NCOP takes decisions on the back of at least six provinces' support, but this looks shaky now because six provinces, in addition to the DA-run Western Cape, are no longer clear-cut ANC dominated.

Following the landmark 2024 elections in which the ANC lost its 30-year majority to plummet to 40.2% nationally, the elections also returned a KwaZulu-Natal NCOP delegation dominated by the MK party, although it includes the former eThekwini ANC mayor Mxolisi Kaunda.

Former Premier of Mpumalanga Refilwe Mtsweni -Tsipane has been elected unopposed as the new Chairperson of the National Council of Provinces. Photographer: Phando Jikelo / Parliament of SA

The NCOP delegations for the Eastern Cape, Northern Cape, Mpumalanga and Free State are split 50/50 with three ANC members, one from the DA and two from other parties such as the EFF or MK party. The Gauteng NCOP delegation has two members each from the ANC and DA, and two other parties. 

Only the Limpopo and North West NCOP delegations have a majority ANC members.

Without the unity government agreements, all these delegations would be stalled – and the ability of the NCOP to pass laws with the required 6:3 support would be handicapped.

The impact of those provincial unity governments already was apparent on Friday. In both KwaZulu-Natal and Gauteng, DA MPLs were elected by both sides of the legislatures as deputy speakers – the ANC’s Panyaza Lesufi received support as Gauteng premier, while in KwaZulu-Natal the IFP’s Thami Ntuli was elected premier.

On Saturday at the swearing in of the NCOP provincial delegations, the mood was one of cooperation and conciliation. Several faces from the National Assembly benches were sworn in as NCOP delegates, like the Freedom Front Plus’ Tammy Breedt for the Free State delegation that also includes ex-National Assembly ANC MP Bheki Radebe, and the EFF’s Naledi Chirwa as part of the Gauteng NCOP delegation..

Less than 20 hours after being elected premiers, Lesufi and Limpopo’s first female premier Phophi Ramathuba were present as guests, alongside ex-NCOP deputy chairperson Sylvia Lucas, who on Friday was sworn in as National Assembly MP. 

ANC Secretary-General Fikile Mbalula, his first deputy Nomvula Mokonyane and treasurer Gwen Ramokgopa were also there – and were greeted by name by Mtsweni-Tsipane in her first words as NCOP chairperson.

The effectiveness of appointing an ex-premier, or member of the executive sphere of state, to head an institution of the legislative sphere remains to be seen.

However, the impact of the ANC/DA/IFP unity agreements on Saturday played out not only in the NCOP chairperson’s election, but also in the similarly uncontested election of Northern Cape delegate Kenny Mmoiemang as NCOP chief whip. It’s a key role to coordinate the business of the House with the provinces and to oversee the provincial whips.

Read more in Daily Maverick: Catch up on all the nominations, votes and elections during the National Assembly’s first sitting

Barely 24 hours earlier, this unity government deal was signed, if not in details on positions, then on principles and broad intent.

Respect for the Constitution and the rule of law, non-racialism and non-sexism, social justice, redress alongside equity and human dignity are included. Alleviating poverty, “accountability, transparency and community participation in government”, and evidence-based policy and decision-making are other agreed-to principles.

A so-called basic minimum programme of priorities includes rapid and inclusive economic growth, creating a more just society by tackling poverty, food security and protecting workers’ rights. Strengthening law enforcement and building state capacity are also included.

ANC alliance partner Cosatu, which had been opposed to working with the DA, has come out in support of this so-called government of national unity (GNU).

“Whilst Cosatu, as a militant and principled socialist trade union federation, remains deeply opposed to the inclusion of right-wing political parties, in particular the Democratic Alliance, in the GNU, we expect our ally, the ANC, as the leader of the GNU, to honour and respect the clear mandate it received from millions of workers,” Cosatu said in a statement on Friday, highlighting the labour rights and South Africa’s transformation agenda.  

“We welcome the inclusion of these principles in the GNU declaration and will hold government accountable for their implementation without fear or favour.”

Organised business interest group Business Unity SA (Busa) welcomed the continuity associated with Ramaphosa's re-election as president.

“Progress towards a better future, where economic growth is sufficient to address South Africa’s unemployment crisis, however, requires a stable and united government. We call on all parties in the government of national unity to reach agreements for the good of the country’s growth trajectory, and which can hold for the full term of the seventh administration. In doing so, they will deliver much-needed and welcome confidence and stability,” said Busa in a statement on Saturday. 

However, the 2024 politically agreed version of a GNU is nothing like the 1994 GNU, which was required by the interim Constitution to be in place until at least the final Constitution was adopted. That was done in May 1996, and a month later the National Party under then deputy president FW de Klerk exited, although the IFP remained.

Critics of the 2024 national unity government describe this arrangement as a grand coalition, or a multiparty coalition.

President Ramaphosa, speaking in the House shortly before midnight on Friday after his re-election, emphasised the GNU. 

“I wish to state very clearly this is not a grand coalition of two or three parties. It is a government of national unity that we are constituting ... We were here before in 1994 when we sought to unite our country and to effect reconciliation, and we are here now...”

His words, and thanks to MPs for electing him president for a second and final term in the Union Buildings, came after several leaders of political parties represented in Parliament criticised the national unity government.

EFF leader Julius Malema, who got 44 votes to Ramaphosa’s 283, explained his party and the rest of the so-called progressive caucus contested all positions because they “do not agree to the marriage of convenience” that consolidated white power.  

Reiterating that the EFF would no longer be physically disruptive in the House, Malema told Ramaphosa, “This is not a government of national union. This is a grand coalition between the ANC and White Monopoly Capital. History will judge you, and judge you harshly.”

Earlier, the EFF with the UDM, African Transformation Movement (ATM), Al Jama-ah and the United Africans Transformation (UAT) and others opposed all candidates fielded by the national unity government, whose agreement came as MPs were sworn in on Friday morning. It was a disruptive tactic from what’s now called the “progressive caucus”.

This meant a contest for all constitutionally required posts that had to be elected at Friday’s first sitting of the National Assembly. 

https://www.dailymaverick.co.za/article/2024-06-15-the-longest-day-mps-sworn-in-speaker-in-the-chair-ramaphosa-re-elected-president-next-the-inauguration/

However, the ANC/DA/IFP national unity government passed its first challenge – all its agreed candidates won with numbers that clearly reflected a joint vote, across party political lines.

ANC MP Thoko Didiza was elected National Assembly Speaker with 283 votes against the so-called progressive caucus candidate. The former agriculture and land reform minister garnered respect from both sides of the House between 2014 and 2016 for her sense of humour, knowledge of rules and proceedings, and firm, but fair hand in presiding over often fractious sittings. 

Like in Gauteng and KwaZulu-Natal, the deputy speaker post went to the DA, whose MP Annelie Lotriet beat the so-called progressive caucus 273 votes to 54. She’s an experienced parliamentary hand having arrived in the National Assembly in 2009. Her calm disposition, focus on details and rather low political profile outside the DA will stand her in good stead.

On Friday it emerged that while the Patriotic Alliance in the House confirmed its support for the national unity government, ActionSA and Rise Mzansi placed themselves in the opposition benches.

With both houses of Parliament now constituted, the focus now moves on who will be elected as House chairperson, key to the running of Parliament, and committee chairpersons. While it’s expected the DA and IFP, and possibly other political parties, will be elected as committee chairpersons, the gravitas of those committees will be a decider. It’s a difference to have the DA or IFP chair the Standing Committee on Finance, or the intelligence oversight committee and mineral resources and energy, rather than, say, the sports committee.

Friday’s election of Ramaphosa as president is the only constitutional requirement to form the next administration. The focus has now moved to the Union Buildings, where Ramaphosa is set to take the oath of office, and swear obedience to the Constitution, on Wednesday, 19 June. DM