GNU’s ‘clearing house’ called into question

The Government of National Unity's (GNU) Clearing House Mechanism, established to resolve policy disagreements within the 10-member coalition, has been questioned over its effectiveness by the DA and Rise Mzantsi.

Despite the mechanism's efforts to address disputes, the DA has continued to raise issues separately, including its latest challenge to the Expropriation Act, specifically the issue of nil compensation.

Recently, DA federal council chairperson Helen Zille described the GNU clearing house mechanism as a "waste of time," stating that it does not work and "everyone acknowledges its ineffectiveness". 

"What we need is a mechanism in the GNU to implement clauses 19 and 18 (in the terms of reference). We do not need to renegotiate the laws of the game or anything; what we need is mechanisms that implement the statement of intent," Zille said.

The DA has launched several court challenges since its inclusion in the GNU, including a challenge to the Employment Equity Amendment Act (EEAA) and the Expropriation Act. 

The party argues that these laws are unconstitutional and will negatively impact the economy. 

The DA's lawyers will appear in the North Gauteng High Court to challenge the EEAA, which the party believes will repel investors and discriminate against certain races.

The party's Federal Council has also passed a motion supporting Section 25 of the Constitution, which states that compensation for expropriated property must be "just and equitable" as determined by a court of law. 

The DA will pursue a constitutional challenge to the Expropriation Act in the High Court, arguing that it poses a direct threat to the rights enshrined in the Constitution and undermines the country's investment climate.

Rise Mzansi spokesperson Mabine Seabe said his party would like to see the Clearing House Mechanism terms of reference finalised, so that the body has full effect.

“The body is only as good as the terms of reference and the goodwill of the signatories to the Statement of Intent. We will continue working through all fora to ensure that South Africa is a better place in 2029 than it is today,” Seabe said.

The Good Party’s Brett Herron said the Clearing House had only dealt with one substantive dispute - on the implementation of the BELA Act - which was raised by the DA in the first Clearing House meeting. 

“Although we dealt with the BELA Act it was not, in our view, a matter that was appropriately brought to the Clearing House. The dispute should’ve arisen in the GNU cabinet or between the Party Leaders and then be referred to the Clearing House as a dispute resolution mechanism,” Herron said.

“The Expropriation Act has already been passed by the last parliament and signed into law by the President. It’s a product of another election mandate.

“If the DA wants to persuade the GNU parties to amend policy on expropriation it should raise the issue in the cabinet or the GNU party leaders forum and if their proposal leads to a dispute or cannot be resolved there, then it could be referred to the Clearing House,” he said.

Herron further said the Clearing House was not the place for the DA to reopen debate on policies and laws that it had already lost.

Despite the parties’ skepticism, the GNU Clearing House Mechanism, led by deputy president Paul Mashatile, has made efforts to address disputes within the GNU.

The mechanism held its inaugural meeting on October 16, 2024, where it welcomed the draft Terms of Reference and agreed to finalise them in the next meeting. 

The meeting was convened by Mashatile, who emphasised the importance of resolving policy disagreements within the GNU.

Political analyst Dr John Molepo said the effectiveness of the GNU Clearing House Mechanism remains to be seen. 

“While this mechanism has provided a platform for discussion and resolution of disputes, the DA's continued court challenges raise questions about its ability to address the complex issues at hand,” he said.

Mashatile’s acting spokesperson was unavailable for comment on Tuesday.

Cape Times