Peoples Legal Centre Submissions on Electoral Matters Amendment Bill
Peoples Legal Centre's submissions on the Electoral Matters Amendment Bill focus on increasing access to justice, deepening democratic participation, and advocating for a just and equal South Africa. The main themes include amendments on donations to political parties, regulations for independent candidates, and transparency in the electoral process.
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PEOPLES LEGAL CENTRE Submissions on the Electoral Matters Amendment Bill [B 42 2023]
PEOPLES LEGAL CENTRE Increasing access to justice for poor and working class communities Deepening democratic participation at all levels of society, including those of community, organisation, party and state Mobilising for a just and equal South Africa where everyone shares in the country s wealth Mobilising, motivating and litigating to fix the state, end state capture and improve governance
Overview of main themes Section 10 amendment - donations to members of political parties Legal nature of independent candidates and independent representatives 1 2 Regulation-making powers - how must disclosure thresholds and donation limits be determined? Miscellaneous provisions and oversights 3 4
The following rights must be balanced: Right to campaign for a political cause Right to vote Rights at issue Right to information - transparency Right to equal benefit and protection of the law
Transparency remains paramount Disclosure thresholds should be removed 01 The rights to vote and to information demand a disclosure regime immune from executive interference Proposed regime interferes with other rights more than necessary 02 The objective of transparency can be achieved without undue prescriptivism and interference with other rights
1 Definition should not rely only on intention Prohibited and allowed uses of donations should be equally applied The Bill s treatment of Independent candidates Nomination is not the same as registration Registration entails both benefits and obligations Option of legal vehicles for campaigning should be left open as far as possible
Registration process for independents resulting in equal benefits and obligations as parties Option to register if campaigning as IC Proposed Alternative Obligation to register if eliciting or receiving donations Enforcement powers for Commission
2 10 Prohibition on donation to member of political party (1) No person or entity may deliver a donation to a member of a political party other than for party political purposes. (2) A member of a political party may only receive a donation contemplated in subsection (1) on behalf of the party. (3) No person may circumvent subsections (1) or (2), or any of the provisions of this Chapter. Current section 10
10 Prohibition on donation to member of political party (1) No person or entity may make a donation to a political party or, a member of a political party, in the expectation that the party or member concerned will influence the awarding of a tender, licence, approval, consent or permission, or the relaxation of a condition or restriction in relation thereto, in the said person or entity s favour. (2) No person may make a donation to a member of a political party instead of the political party concerned, to circumvent the provisions of Chapter 3. (3) No member of a political party may (a) accept a donation to circumvent the provisions of Chapter 3; or (b) appropriate for himself or herself a donation intended to be made to his or her political party. Proposed section 10
Issues with the proposed Section 10 Repeated reliance on intention will be difficult to police Not clear why this section is being amended Bribery prohibition falls short of international law requirements When will Parliament explicitly legislate for funding of intra-party campaign funding? PRECCA should be read into the Act Beneficial ownership of donors should be disclosed
3 Section 24 - making regulations Prescribing: Maximum donations limit Section 8(2) Total donations limit Section 8(5) 1 2 Disclosure threshold Section 9(1)(a) Formulas and purposes (Funds) Sections 6(2) & 7(2) 3 4
Current section 24 Requires a National Assembly resolution for the President to make regulations New section 24 Will require only consultation with this Committee and the Minister for the President to make regulations This entails a significant widening of executive discretion in making these critical regulations
Secrecy enables corruption Reasonable access [to information required to exercise the right to vote] should be institutionalised. It is not to be subject to the benevolent exercise of a ministerial discretion. My Vote Counts NPC v Minister of Justice and Correctional Services and Another 2018 (5) SA 380 (CC) The same applies to presidential or general executive discretion
The power to interfere with disclosure thresholds should be removed from the executive entirely List of factors in section 24(1)(b) (as applicable to maximum and total donations) to include: the prevalence of public sector corruption the importance of transparency We recommend the following If section 24(1)(a) is amended in the proposed terms, consulting parties should include the Commission
3 4 Miscellaneous oversights Uses of money from Funds - immovable property Section 7(2) vs 7(3)(c) Uses of money from Funds - legal fees Section 8(5) 1 2 Criminalisation of conduct not prohibited Sections 19(3) vs 10(1) 4 Omissions of references to ICs or IRs Sections 13(3)(c), 14(1) & (4) 3
Our Contact Information Phone : 073 685 5343 Email : vermeulen.andriesj@gmail.com zukie.vuka@gmail.com legalofficer@unitebehind.org.za Address : 67 - 69 Main Road Mowbray Cape Town
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