Perspective on Electoral Matters Amendment Bill from Independent Candidate Zackie Achmat

Zackie Achmat, an experienced political activist, presents his perspective as a sole independent candidate for Parliament, advocating for a movement-based approach over party structures. He emphasizes the need for defining independent candidate rights, funding transparency, and addressing challenges faced by individuals running for office.

• Independent Candidate
• Electoral Reform
• Political Activism
• Funding Transparency
• Social Justice

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1. Electoral Matters Amendment Bill Independent Candidate Perspective Presented by Zackie Achmat, Zackie2024 NPC Addressed to Home Affairs Portfolio Committee 6 February 2024

2. INTRODUCTION I have been a political activist since 1976. I joined the ANC in 1980 while in prison. Since then I have worked with others to build movements for justice, equality, dignity, and freedom, particularly for working-class people and vulnerable people. National Coalition for Gay and Lesbian Equality AIDS Law Project Treatment Action Campaign Equal Education Social Justice Coalition Reclaim The City Ndifuna Ukwazi #UniteBehind

3. SINGULAR POSITION 27 March 2023 I launched my campaign to run as an independent candidate for Parliament. Sole publicly declared independent candidate 10 months Experience in understanding challenges faced by independent candidates.

4. THE WORK OF ZACKIE2024 Building a movement; not a party As an independent unencumbered by party structure and institutional drag Growing and mobilising constituency through movement building rather than party membership Movement is knowledge-based, driven by interests and issues surfaced by communities Advocate to compel government to deliver and live up to Section 195 Activist Forums 5 issue-based forums (Queer Revolution, AmaTjoTjombe, People living with disabilities, Youth in Action, Neighbourhood Watch) 2 geographic forums (Klipfontein and Khayelitsha)

5. ENDORSEMENT OF OTHER SUBMISSIONS Support and endorse submissions by People s Legal Centre (PLC) and #UniteBehind Emphasise alignment with PLC submissions: Definition of independent candidate and independent representative Rights and obligations that flow from definition Funding, donations and disclosure

6. CHOICE OF LEGAL VEHICLE Section 12A(4): Allows only for individual bank accounts Assumes an individual will campaign as sole proprietor, without staff or support Challenges with sole proprietorship model: No division between personal finances and campaign funding (which does not equate to personal income) Income Tax implications for individuals Campaigns require funding for operations

7. OPERATIONAL CAPACITY Campaigns operation capacity beyond individual running as candidate Opted for an NPC (Zackie2024) which allows for: Oversight by Board of Directors Separate business bank account Employment of operational staff (operation capacity) Collection and disbursement of funds (Stipends and campaign expenses) Effective financial controls

8. CAMPAIGN MANAGEMENT Running a campaign is a complex affair Need for systems and processes to handle day-to-day operations Main role of the candidate is to engage potential constituency Supporting functions include administration, communications, finance, organising

9. Limit on the rights of the independent candidate As it stands Section 12A(4) could unduly limit the right to campaign The Section is ignorant of the operational and financial requirements of running a campaign Without the legal mechanism to run the business of campaign, it is an onerous burden on an individual Ultimately will impact on supporters rights to vote Guard against overregulation PROPOSED AMENDMENT: Allow candidates to determine the legal vehicle used to campaign

10. DEFINITIONS Bill fails to clearly define an independent candidate and independent representative Definition is critical for the rights and privileges that flow from the definition Need for clear guidelines on expressing intention: Support PLC and #UniteBehind submission in this regard Support recommended process of expression of interest, registration and nomination

11. INCOME TAX ACT AMENDMENT Assumption of future amendment for tax exemptions SARS perspective on 'intention' for granting exemptions that apply to political parties

12. FUNDING POLICY Part of Contact of Work, Ethics and Accountability Raise as much as possible from small donations Accept large donations with no strings attached DO NOT accept donations from individuals in pharma, alcohol, tobacco, arms or fossil fuels Funding transparency for all donations (account for every cent) Voluntary disclosure of donations, and donors with donations that accumulate to R100 000 or more.

13. FUNDING DISCLOSURE Absence of regulations regarding disclosure of donations Zackie2024 can t submit disclosures (based on current requirements for parties) to IEC Vital that independents adhere to principles of transparency and accountability Voluntary disclosure of donations, and donors with donations that accumulate to R100 000 or more.

14. CAMPAIGN CHALLENGES Endorsement signature threshold - remedied by ConCourt Funding disclosure - voluntary self- declaration Problem of definition and privileges Campaign Posters vs. City of Cape Town

15. CONCLUSION The bill will determine individuals ability to fully exercise their Constitutional rights to stand as independent candidates, and for South Africans to express their right to vote for them. Clarity in terms of definitions is critical to allow for rights and privileges (afforded to political parties) to flow from this. Caution against over regulation to allow independents to determine legal vehicle and campaign operations.

16. 2024 ELECTIONS = 3 BALLOTS = 3 VOTES BALLOT 1: National Ballot for National Assembly featuring parties only. Same nationwide. Vote for your Party on the National & Provincial Ballots. + Vote for an independent on the Regional Ballot BALLOT 2: Regional Ballot for National Assembly featuring parties and independent candidates. Differs from region to region. BALLOT 3: Provincial Ballot for Provincial Legislature featuring parties and independents. Specific to each province.

17. THANK YOU