Whichever path SA takes — a government of national unity, a coalition or a minority government — the country needs new rules and procedures for how the executive (the cabinet) conducts itself in office, individually and collectively.
This new era poses several dangers. One is a negative reaction by a bruised ANC, which for the first time after 30 years of running government has been punished by voters. Bruised political egos can lead to destructive behaviour. The other is a triumphalist mentality — a “gotcha” approach on the part of parties that agree to form part of government or support an ANC minority government.
That is why it is important for the new government to revise existing cabinet procedures and codify new ones. As a confidence builder, such a document must be made public, not only for the sake of transparency but to make it easy for citizens to hold government of whatever form to account.
Known as a cabinet manual elsewhere, such a document should provide guidance on the kind of political, administrative and possibly constitutional changes and language SA will experience in the years ahead. Such rules and procedures will be different from what is known as the ministerial handbook, which outlines the benefits, tools of trade and allowances to which cabinet ministers and their families are entitled.
New Zealand and the UK have cabinet manuals that are public documents. The UK’s 2011 manual covered a lot of ground in 140 pages, including the monarchy, elections and government formation, the cabinet, ministers, the civil service, devolved administrations, finances and public information.
It also set out an expected process in case of an inconclusive election result, according to the Institute for Government (a UK think-tank), as well as a change of prime minister halfway through parliament.
New Zealand’s manual focuses on principles, providing guidance rather than prescribing rules. “One of its key strengths is that it is updated from time to time and responds to and reflects changes and developments in political, administrative and constitutional arrangements and language,” then cabinet secretary Michael Webster wrote in the preface to the 2017 version.
The document explains that the parties that form a coalition or support partners (in the case of a minority government) “are likely to agree to specific consultation procedures, which may be approved by cabinet and promulgated by cabinet office circulars”.
Parties to the unity government or a minority government must, in addition to cabinet rules and procedures, develop rules for dealing with renegades
The onus is therefore on ministers to ensure policy consultation is done in accordance with the coalition or support agreements. “Careful planning, good faith and a ‘no surprises’ approach are key to making the arrangements work effectively. Managing the consultation processes and other aspects of the relationships may take some time. Ministers and officials should factor the time required for consultation into their planning on each issue.”
New Zealand’s manual cautions about the application of the principle of collective responsibility, something that could be a tripping point for a coalition or minority government in SA. The SA constitution states that cabinet ministers “are accountable collectively and individually” to parliament for the exercise of their powers and the performance of their functions.
This is a constitutional principle SA cabinet ministers have over the years failed to live up to. It has become common for ministers to come out of a cabinet meeting that approved the budget and complain about allocations to their departments, for instance.
“The principle of collective responsibility underpins the system of cabinet government,” the New Zealand document explains. “It reflects a democratic principle: the House expresses its confidence in the collective whole of government, rather than in individual ministers.”
Collective responsibility means once a decision has been made ministers must support it, notwithstanding what their spouses think or whether they attended the meeting in which the decision was made.
“In a coalition government ministers are expected to show careful judgment when referring to party policy that differs from government policy.” Again, this is a principle that is observed in the breach in SA, as ministers and civil servants have increasingly blurred the lines between ANC and government policies.
“Coalition governments may decide to establish ‘agree to disagree’ processes, which may allow ministers within a coalition to maintain, in public, different party positions on particular issues or policies. ‘Agree to disagree’ processes may only be used in relation to differing party positions within a coalition. Any public disassociation from cabinet decisions by individual coalition ministers outside the agreed processes is unacceptable.”
In SA’s case, this means parties to the unity government or a minority government must, in addition to cabinet rules and procedures, develop rules for dealing with renegades.
• Sikhakhane, a former spokesperson for the finance minister, National Treasury and SA Reserve Bank, is editor of The Conversation Africa. He writes in his personal capacity.
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