• Wednesday is critical to pin down a deal to create a government after the ANC failed to obtain an outright majority.
• A “document of intent” is to be signed as parties continue to meet in the coming days.
• But hurdles remain as the ANC meets structures that are resistant to a deal that includes the DA.

A cautious “all systems go” emerged from Tuesday’s talks to create a government of national unity (GNU) as the clock ticks down to the crucial first sitting of Parliament in just 48 hours.

News24 can reveal that, by Tuesday afternoon, the talks had reached a crucial milestone: the majority of parties had agreed to “unite” behind President Cyril Ramaphosa’s announcement of the GNU vision after an ANC leadership meeting last week. 

The agreement relates to cooperation in both Cabinet and Parliament. 

This followed marathon, tense formal talks, which kicked off last Thursday, to form a government after the ANC’s devastating 40% electoral win, its worst performance nationally since 1994.

Parties likely to be excluded include ActionSA, Al-Jamaah and the EFF. 

While the deal is in striking distance, there are still hurdles before it is sealed.  

On Tuesday afternoon, the ANC kicked off meetings with its structures and its allies, Cosatu and the SA Communist Party, to obtain buy-in on the deal. 

This will likely culminate in a special meeting of the party’s top brass on Thursday.

The alliance and ANC structures remain resistant to a tie-up with the DA. 

On Friday, Parliament will sit to elect the speaker, deputy speaker and the president. 

Securing buy-in before Friday’s sitting was crucial, hence the marathon talks.

Sources close to the process told News24 signing a “document of intent” would be another step towards sealing the deal. The deal will be appropriately finalised only once this document is signed in the coming days. 

READ | COALITION NATION: DA’s federal council greenlights party to form a government

As parties move towards this first point of closure, it is likely to be a tense day. 

News24 understands no Cabinet or parliamentary posts have yet been finalised. 

Insiders said the make-up of the Cabinet was the president’s prerogative – and, only once he was elected, would further talks focus on these positions. 

The speaker and deputy speaker positions – also to be elected on Friday – have not yet been finalised and are subject to further discussion over the next two days. 

The DA on Tuesday, after a meeting of its federal council, a top leadership structure, said it was committed to continuing talks and mandated its negotiating team to participate. 

Interestingly, there have also been further talks with former president Jacob Zuma’s MK Party, which are expected to continue. 

Sources across major parties tell News24 that, while provincial leaders from the ANC and DA met in Gauteng and KwaZulu-Natal – where no party won an outright majority – their talks will be “guided” by whatever is agreed upon nationally. 

The two provinces are heavily split between support for various political parties after the ANC lost its majority in both. 

“They are separate negotiations but, at some stage, they will converge, with commitments only being undertaken with buy-in from national at this stage,” a Gauteng leader told News24 on Tuesday.

According to well-placed sources, the KwaZulu-Natal discussions are expected to be finalised with an ANC, DA, IFP and NFP deal on Wednesday. 

READ | COALITION NATION: KZN deal looms as NFP picks sides

News24 understands the deal partly hinges on the IFP and NFP smoking the peace pipe in the local municipalities, where the two parties have squabbled.

According to one source, the NFP has tabled a condition regarding KwaZulu-Natal: resolving outstanding issues between the two parties at the local government level.

The IFP and NFP have disagreed over local government political issues, and the quarrels have often allegedly led to bloody political violence. 

According to another source, the NFP is said to have dangled its kingmaker status in KwaZulu-Natal for a role in the GNU administration, even though it has one seat in the province and none nationally. 

As the clock ticks on, the executive director at the Council for the Advancement of the SA Constitution, Lawson Naidoo, said despite the race against time by parties, there was little risk of a “constitutional crisis” should Friday’s sitting fail to elect a president. 

“The system is specifically designed in a way that produces a result,” he added.

This is done by eliminating the candidate with the least number of votes.

Should two candidates receive the same number of votes at the end, the Chief Justice can adjourn the sitting for seven days and reconvene to hold the vote again.

This gives parties more time to negotiate.

The same process applies to provincial legislatures and the election of premiers, speakers and deputy speakers. 

Another risk to Friday’s sitting is a legal challenge by the MK Party, which is seeking to interdict the sitting.

However, Naidoo said that, in his view, the case put forward by the MK Party in its papers was “flimsy, spurious”, and likely to be dismissed.