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South Africa: Parliament passes controversial electoral legislation Bill

South Africa: Parliament passes controversial electoral legislation Bill

Rédaction Africa Links 24 with Velani Ludidi
Published on 2024-03-12 21:18:56

The National Assembly recently passed the Electoral Matters Amendment Bill during a hybrid plenary session. This bill aims to amend the Political Party Funding Act of 2018 and bring various legislation in line with the Electoral Amendment Act of 2023, which allows independent candidates to run for seats in the National Assembly and provincial legislatures. It also requires independent candidates to disclose their sources of funding. Home Affairs Minister Aaron Motsoaledi introduced the bill in December to regulate private and public funding for independent candidates and representatives. The bill will now be sent to the National Council of Provinces for concurrence.

One of the key changes proposed by the bill is altering the funding formula for political parties and independents represented in legislatures. Currently, the Political Party Funding Act allocates 66.6% of funds based on proportional representation and 33.3% on an equitable basis. The new bill proposes allocating 90% of funds based on proportional representation and 10% on an equitable basis, potentially giving more funding to parties with more seats while reducing allocations for smaller parties.

The National Assembly approved the bill with 240 votes in favor and 90 against. The ANC, EFF, and NFP voted in favor, while the DA, IFP, FF Plus, ACDP, UDM, Good Party, Cope, and PAC voted against it. Motsoaledi explained that the amendments aim to address the inclusion of independent candidates in the funding formula.

The bill also introduces measures to prevent donations made to gain political influence and favor. It criminalizes such actions, with penalties including fines, imprisonment, or both. Additionally, the Electoral Commission is prohibited from accepting donations for the Multi-Party Democracy Fund if there are suspicions that the funds are proceeds of crime.

However, the bill faces challenges and potential legal challenges, particularly from opposition parties. Concerns have been raised about the bill’s impact on funding allocations and regulations around disclosure thresholds and donation limits. Opposition parties argue that the bill may give the ANC an unfair advantage and undermine transparency and accountability.

Despite these challenges, the bill must be in place before the upcoming elections on 29 May. There are ongoing debates and criticisms surrounding the bill, with some calling for amendments to address concerns about transparency and accountability within the political funding system. The bill’s passage has sparked controversy and debate, highlighting the complexities and challenges of regulating political funding in South Africa.

Read the original article on Daily Maverick

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