With the government of national unity (GNU) already at loggerheads over certain clauses within its agreement, one of its founding members, the IFP, has called for the pact to pay closer attention to its conflict resolution mechanism.
In an interview this week, IFP leader Velenkosini Hlabisa said the GNU should strongly consider assembling a formal structure comprising outside independent experts to help resolve differences between its member parties.
“[A] deadlock-breaking mechanism is something that we must agree upon that might include experts,” he said.
The IFP leader said the GNU must pull individuals who are experts in conflict resolution with a wider knowledge of how other coalition governments overcome deadlocks.
“Experts in governing formation, coalition, functional coalition government, they can guide you as to how successful coalition governments work and cite examples, not from one country, but several countries. We have so many people who are experts other than party veterans,” he said.
Hlabisa spoke in the wake of this week’s spat between ANC secretary-general Fikile Mbalula and DA federal council chair Helen Zille.
The two party leaders were at odds over certain parts of the signed agreement, related to proportional representation in the cabinet and sufficient consensus needed for members to break deadlocks.
Some sections of the ANC’s national executive committee remain reluctant to work with the DA owing to ideological and political differences. The two parties often disagree over the ANC’s transformation policies.
To avert disagreements from going public, Hlabisa said the GNU parties must hold regular meetings to discuss matters related to the government.
“From where I stand, we will have these differences, but they are not so major. These differences are something that we must work on daily. For a coalition to succeed, there must be a standing meeting, if not weekly or fortnightly. If you don’t have any item for discussion, the meeting must still take place. During the meeting you confirm there is nothing on the agenda today, and then you close the meeting so that you are not led by problems,” he said.
“I believe the GNU will be sustainable for the next five years and laying a background for future coalition government. But what will make it work is the responsible behaviour of all parties, whether you are big or small, it doesn’t matter that much, because alone, you can’t be a government, and there should be no-one who wants to hold others as ransom.”
It would be 'irresponsible behaviour' for any of the parties to want to pull out should they fail to get their way
— IFP leader Velenkosini Hlabisa
He added that it would be “irresponsible behaviour” for any of the parties to want to pull out should they fail to get their way.
“Whatever problem we encounter, that problem must not make us not finish the journey, but we must find a solution. We are not doing this for ourselves but for the people of South Africa.”
He said leaders of the GNU should rise above petty politics and look towards the interests of the country.
“There must be a deadlock-breaking mechanism that will be a body established when we are not able to have an agreement. The matter is referred to this body and this body will be equipped with sufficient skills in dealing with matters of conflict resolution. We must take lessons from other coalitions and governments throughout the world. Countries that have been in the process for more than 20 years, they have the experience where we can learn good practice,” he said.
In its statement of intent, signed so far by the ANC, DA, IFP, GOOD, PA and FF Plus, the GNU agreement states that it shall take decisions in accordance with the established practice of consensus.
Where no consensus is possible, the principle of sufficient consensus will apply.
The document states that sufficient consensus exists when: all parties have had the opportunity to express their views; despite reasonable attempts to resolve disagreements and find common ground, there is no consensus; parties to the GNU representing 60% of seats in the National Assembly agree; and any party that disagrees has been able to formally record their objections.
“The parties to the GNU shall also establish dispute resolution or deadlock-breaking mechanisms in instances where sufficient consensus is not reached. Parties should raise disputes within the mechanisms created for this purpose,” the document states.
A high-ranking ANC leader said it had proposed a consultation council that will work alongside the Chief Whips forum.
“So in practice, there are various deadlock-breaking mechanisms that are built into the parliamentary process, parties are usually encouraged to discuss matters before them. There are three kinds of discussions that the GNU will have to look at in breaking deadlocks. At the level of executive, cabinet acts as one as per the constitution, and whoever is sworn into the cabinet will act according to the constitution and many other laws that are there,” the insider said.
“So you can’t talk about the deadlock-breaking mechanism where cabinet is concerned because also with cabinet positions most of the issues that are on the table before cabinet, tend to be confidential and secret.
“In other words, the president should be able to have off-the-record discussions with other political parties. That is a matter of practice. It’s something that should be encouraged anyway, regardless of the GNU, so you’ll expect that to happen anyway,” the insider said.
The insider added that one way of breaking a deadlock at the legislature level was taking a matter to a vote.
“So there will come a time when there is a bill before the legislature that might not be something that the GNU partners are going to agree on because they’ve got different mandates. But if that is the case, a bill gets tabled in the legislature anyway and a vote takes place,” the insider said.
The GNU breaking mechanisms and the way that it is going to operate is like an extra-parliamentary body that seeks to find consensus on a whole range of issues
— Insider
They added that there will be instances where a piece of legislation or a motion in parliament might not reach a consensus in the GNU but is supported by other parties outside the GNU like the EFF and MK Party to pass.
“The GNU breaking mechanisms and the way that it is going to operate is like an extra-parliamentary body that seeks to find consensus on a whole range of issues,” the insider said.
The insider added that the ANC’s trump card will be its majority in the National Council of Provinces (NCOP).
“The budget will be tricky. It is going to require a lot of footwork to get it passed, but in matters that require the consensus of both houses, the ANC has the majority in the NCOP. So the NCOP is going to be very active,” the ANC insider said.
Head of the ANC communications subcommittee Nkenke Kekana said that the GNU will likely see a more active Luthuli House in government because of the mandates that will be required to break any deadlocks in the GNU.
“That is something that we’ve been fighting for, but now it’s going to happen regularly,” he said. “The ANC headquarters are going to have to be beefed up on the research side and a whole range of issues because there will be multiple mandates required from the ANC to give guidance to a very complex legislative programme where we do not have a majority,” he said.
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