By Lehlohonolo Lehana.
The Government of National Unity (GNU) is facing its most significant crisis, with the Democratic Alliance (DA) invoking clause 19 of the Statement of Intent.
The DA accused the African National Congress (ANC) of disregarding key coalition agreements and treating its partners as mere spectators rather than equal stakeholders.
This follows the signing of the Expropriation Bill into law last week by President Cyril Ramaphosa.
The DA claims the Bill was signed into law despite a legal opinion showing it did not pass constitutional muster.
The Statement of Intent outlines focus priorities for the seventh administration, which includes rapid economic growth, job creation, land reform, infrastructure development, fiscal sustainability and macro-economic management.
The document also lays out the need to deal with poverty, spatial inequalities, food security and improving basic services.
The parties agreed to certain fundamental principles, including to respect the Constitution and the rule of law and to promote accountability, transparency, integrity and good governance.
As a result, the DA has declared a dispute and called for a reset of the GNU’s relationship with the ANC.
In response the ANC said, “The DA’s problem with the act is with a specific clause that empowers the state in appropriate instances to expropriate subject to nil compensation.”
ANC says clause 19 of the Statement of Intent is only applicable to Bills that are proposed/drafted by Ministers or DMs.
“Legally clause 19 of the statement of intent would only apply to bills that are proposed/drafted by ministers or DMs. These are bills that would have to be approved by cabinet prior to them being submitted to the speaker and chair of the NA.
It would not include bills that come from the parliamentary committee, or an individual member of parliament or bills already passed in parliament because that would mean a party that has lost in parliament now has veto powers in cabinet. The law does not make provision for such, read the statement.”
“Clause 19 also does not make provision for a reset of all bills parties in the GNU do not agree with. That would be unlawful in fact.”
“The president (not cabinet) may remit a bill if there are constitutional concerns, concluded the statement.
On Saturday, Steenhuisen said the party would invoke Clause 19 of the Statement of Intent, The reason, Steenhuisen outlined, was “because South Africa deserves a functioning coalition, where partners treat each other with respect in pursuit of solutions to our country’s many pressing problems”.
This clause, Steenhuisen explained, referred to the procedures around disputes and reaching sufficient consensus to solve them. According to Steenhuisen, sufficient consensus existed when the parties to the GNU representing 60% of the seats in the National Assembly agreed on issues.
“The only parties in the GNU that together represent 60% of seats in the GNU are the ANC and the DA,” said Steenhuisen.
“The President needs to accept that his party is now just another minority party, and that the DA are partners in the GNU,” said Steenhuisen, adding: “we won over 3.5 million votes, and we are in the government to represent our voters and to rescue South Africa.”
“If we cannot fulfil this mandate inside the GNU, we will have to seriously consider our next steps … the DA will not, under any circumstances, be reduced to being mere spectators.”
Steenhuisen then claimed that the Clearing House has no terms of reference that have been adopted as yet.
At the same time, he said: “We’re happy to talk on whatever forums, but we are now invoking Clause 19, which was specifically agreed to by all parties who signed the statement of intent.”
It is still too early to assess the GNU’s success. However, it signifies an effort by political parties to agree on the values and principles that should guide behaviour and decision-making in the national government.