- Ten parties have signed the GNU statement of intent.
- The document is, however, not legally binding.
- It is highly likely it will change or evolve as negotiations take shape and parties start to agree on a policy direction and platforms for a new government.
Negotiations to form a nationalgovernment of unity (GNU) are at a sensitive stage which saw a make-or-breakmeeting between DA leader John Steenhuisen and President Cyril Ramaphosa onMonday.
Ten political parties nowconstitute the GNU after Rise Mzansi, the UDM, and Al Jama-ah were added to thefold over the weekend.
News24 spoke to Professor Jaapde Visser from the Dullah Omar Institute to get a better understanding ofthe GNU'sstatement of intent, and whether it is legally binding.
What is the GNU's statement ofintent?
This is a political documentthat binds signatories (political parties) to the clauses in it.
It is essentially a politicalagreement between parties to form a coalition - a founding document, if youwill.
In South Africa, no partyreceived an outright majority during the 2024 elections. This means more thanone political party needed to work together to form a government.
The ANC, which had the largestpercentage of votes (40%), decided to form a GNU by inviting any party thatwished to join it. The DA (22%) accepted the invitation and negotiationsbetween the parties took place.
READ | GNU talks between DA, ANC on a knife-edge followinglatest demands
These negotiations resulted in aset of principles both parties agreed to, and they provide a framework for howfurther negotiations would be conducted and how parties will work together inthe legislative and executive branch of the state.
This is especially in relationto voting blocs in Parliament, discussions on Cabinet positions and thedirection South Africa's new government will take.
The statement of intent guides the politicaldiscussions among political parties that wish to form part of the government.
Currently there are 10 partiesthat have signed the GNU statement of intent.
Is it legally binding?
There is nothing legally that holds the documenttogether.
This is not a contractual document, and parties cannot seek remedies from the court if one political party does not adhere to the clauses of the document.
If this were to happen, it wouldforce MPs to vote a certain way, which would scupper the political discretionand decision-making of individual MPs. But a clause like this would invalidatethe contract because MPs cannot be legally obliged to vote a certain way.
If one party were to takeanother party to court over this document, it is highly unlikely the courtswill adjudicate this matter as that is not the role of the court.
How enforceable is it?
Since the statement of intent isbased on trust and reciprocity, it can only stay intact if political partiesremain convinced the agreement is mutually beneficial.
If not, a party can withdrawfrom the agreement without legal consequences. The GNU can remain intact evenwith some parties withdrawing if there are enough parties to form a majority inthe National Assembly.
READ | Ramaphosa slams 'jockeying for positions', tussles,squabbles between GNU parties
However, a party withdrawing maylead to a political fallout where voters may judge a party that withdrawseither positively or negatively.
Effectively, if a party violatesthe agreement or withdraws, it must consider the reaction and sentiment of itssupport base and constituency.
This calculation is purelypolitical and not a legal calculation parties have to make.
A party can choose, if it feels certainpoints in the agreement were not honoured, to not vote in the National Assemblyor any legislative branch with the majority of the GNU partners. This fallouthas the effect of destabilising the GNU.
Is this common in coalitions?
Yes.
Coalition agreements areimportant because they provide clarity, create clear expectations, and allowfor direction in policy-making and government management.
READ | Political standoff and GNU cracks delay formation ofGauteng govt
Dispute resolution, howdecisions are taken, and mechanisms are important in these agreements as theyprovide a sense of stability and a base to build from.
Can this agreement change?
This specific GNU statement ofintent is not a fully-fledged coalition agreement, as seen in other countries.
Instead, it was a case of the "tail wagging the dog" where an agreementneeded to be reached so the constitutionally mandated 14-day period to elect apresident was adhered to.
No law determines the length of time a president has to appoint his Cabinet.
Due to this, it is highly likelythe statement of intent will change or evolve as political negotiations beginto take shape and parties start to agree on a policy direction and platformsfor the new government.
There might not be specific anddetailed clauses, however, more direction is needed to make sure the GNU isworkable.
Are there coalition laws andlegal agreements in South Africa?
No.
There is no legal framework inplace for coalitions in South Africa.
Some bills weretabled in Parliament, but none were passed before the previous administrationconcluded.
These bills were mainly to effect changes at local government level,where coalition arrangements have been experienced since the early 2000s.
Last year, Deputy President PaulMashatile led discussions on potential coalition frameworks. However, this didnot amount to much action.
READ | Was coalition government framework legislation a dampsquib? Political parties, analysts weigh in
There is an expectation that asSouth Africa's democracy matures, legislation related to coalitions might bepassed.
However, no law is needed to make a coalitionwork. If politicians are mature and pragmatic in how they approach coalitions,then coalition agreements signed by political parties may be sufficient.
