Local Government: Municipal Structures Amendment Bill

South Africa's municipalities are governed by the Local Government: Municipal Structures Act of 1998. This law sets out how councils are set up after elections, how mayors and speakers are chosen, how committees are formed, and how the day-to-day running of a municipality is structured. Over time, it has become clear that parts of this law are outdated or incomplete. For example, the current law does not clearly spell out what qualifications or experience a councillor needs before being placed in an important leadership role like mayor or committee chair. The law also does not provide a clear, structured process for removing a mayor or other office bearer if things go wrong, which has led to confusion and disputes in municipalities across the country. On top of this, South Africa's local government landscape has changed significantly, with more and more municipalities ending up in coalition arrangements after elections where no single party wins an outright majority. The existing law does not adequately deal with coalition agreements, leaving municipalities without a proper legal framework to manage these often complicated political arrangements.

Ordinary South Africans who rely on municipalities for services like water, electricity, roads, and waste removal are affected, because better-run municipalities should mean more reliable and accountable service delivery.

Councillors — the elected representatives who sit on municipal councils — are directly affected, particularly those who are appointed to leadership roles such as mayor, deputy mayor, executive mayor, executive deputy mayor, speaker, or committee members. Under the proposed changes, these councillors will need to show that they have relevant experience, skills, or qualifications before they can take up those roles.

Political parties operating at local government level are affected, especially those that govern municipalities as part of a coalition with other parties. The bill introduces rules around coalition agreements, which will shape how these parties negotiate and formalise their working relationships.

Municipal councils as institutions are affected, since the bill changes the time frames within which they must hold certain meetings and make key appointments after an election. This includes when the council's first meeting must happen, when a speaker must be elected, when the executive committee must be constituted, and when the mayor or executive mayor must be elected.

District councils are also touched, as the bill extends the period within which local councils must appoint their representatives to sit on district councils, which are the larger regional bodies that coordinate planning and services across several local municipalities.

The bill proposes a number of concrete changes to the Municipal Structures Act of 1998.

First, it inserts new definitions into the Act to clarify certain terms used throughout the law.

Second, it makes it compulsory for any councillor appointed as a municipal office bearer — meaning a mayor, deputy mayor, executive mayor, executive deputy mayor, or speaker — or appointed to serve on committees set up under sections 79, 79A, and 80 of the Act, to have the necessary experience, skills, or qualifications for that role. This is a new requirement that does not currently exist in law.

Third, several time periods are extended. The period within which a local council must appoint its representatives to the district council is being lengthened. The period within which a newly elected council must hold its first meeting is also being extended. Additional time is being given for the meeting at which the executive committee members are determined, and for the meeting at which the mayor, deputy mayor, executive mayor, and executive deputy mayor are elected.

Fourth, the bill introduces a specific time period within which a new speaker must be elected, which the current law does not clearly provide for.

Fifth, the bill expands voting options in council to include both a show of hands and a secret ballot, giving councils more flexibility in how they conduct votes.

Sixth, the bill sets out clear grounds and a formal procedure for removing municipal office bearers such as mayors and speakers. Currently the law is vague on this, so having a clear removal process is a significant addition.

Seventh, the bill formally provides for coalition agreements, recognising in law the arrangements that parties make when they govern a municipality together without a single majority.

Eighth, specific time periods are introduced for situations where an executive mayor has been removed — the bill says how long the council has to elect a new executive mayor, and how long the newly elected executive mayor then has to appoint a mayoral committee.

For ordinary South Africans, the quality of local government has a direct impact on daily life. Municipalities are responsible for delivering basic services, and poor governance at this level — whether through unqualified leaders, political instability, or unclear rules — has contributed to service delivery failures across the country.

The requirement that councillors in leadership roles must actually have relevant skills or qualifications is potentially significant. At the moment, party loyalty rather than competence can determine who becomes mayor or heads a committee. If this change is properly enforced, it could mean more capable people running municipalities, which could improve how public money is spent and how services are delivered.

The new rules around removing office bearers matter because, without a clear process, councils have sometimes been paralysed by disputes over whether or how a mayor can be removed. Having a defined procedure reduces the chances of legal battles and prolonged instability that ultimately harms service delivery.

The provisions around coalition agreements are particularly relevant right now. Many South African municipalities are governed by coalitions, and these arrangements have often been unstable, leading to frequent changes in leadership and disruption of municipal functions. Giving coalition agreements a proper legal framework could bring more predictability and accountability to these arrangements.

Extending the time periods for key meetings and appointments may seem like a technical detail, but in practice it gives newly elected councils more breathing room to organise themselves properly rather than rushing into decisions under tight deadlines — which can lead to mistakes or poorly considered choices.

If you want to have your say on this bill before it becomes law, written comments must be submitted to the Portfolio Committee on Cooperative Governance and Traditional Affairs by Friday, 27 November 2026, by emailing Coalitions@parliament.gov.za. You must include your name, surname, phone number, and email address in your submission.