Electoral Matters Amendment Bill: deliberations & adoption of A-list

Meeting report

The Chairperson welcomed all those present at the meeting. He indicated that the purpose of the meeting was for Members to deliberate on the A-List of the EMAB.

The previous day the Committee presented a report related to the Electoral Reform Consultation Panel (ERCP) in the House. Having done so, Members resolved to invite the Minister for a briefing in the next meeting on the progress thus far of the Panel.

After that, he asked if the Committee received any apologies.

Mr Eddie Mathonsi (Committee Secretary) mentioned that the Committee received an apology from the Deputy Minister of the Department of Home Affairs (DHA).

Clause-by-clause deliberations on the Draft A-List

Ms Sarah Govender (Senior State Law Advisor) stated that the A-List had taken into account the Committee’s instructions.

Clause 3: Definitions

Ms Govender told Members that the clause proposed minor amendments to the definitions to include independent candidates and representatives.

The Chairperson indicated that the clause was carried.

Clause 4: Amendment to Section 2 of the PPFA

Ms Govender indicated that the proposal sought to substitute the ‘Representative Fund’ to the ‘Political Representatives Fund’.

The clause was carried.

Clause 5: Amendment to Section 3 of the PPFA

Ms Govender explained that the clause gives effect to the decision to retain the term ‘Multi-Party Democracy Fund’.

The Chairperson asked if Members supported the adoption of the clause.

Ms A Molekwa (ANC) moved to support the adoption of the clause.

The clause was carried.

Clause 6: Amendment to Section 4 of the PPFA

Ms Govender stated the clause proposed omitting ‘and independents’.

The clause was carried.

Clause 9

Ms Govender indicated that a proposal was made on Clause 9 during a meeting between the IEC, Parliamentary Legal Services (PLS), and DHA, however, it was not put before the Committee in its last sitting. She asked if the IEC could address the Committee on the proposed amendment.

Mr Sy Mamabolo (Chief Electoral Officer of the IEC) pointed out that the Clause related to the prohibition of the use of the monies in the funds. The proposal took note that an independent representative cannot acquire immovable property, whereas a political party can for party political purposes. To bring about parity the IEC proposed that an independent representative may not acquire immovable property except where the right or interest in the immovable property is to be used in the performance of the duties as an independent representative.

Ms Molekwa agreed with the IEC’s proposal.

Mr A Roos (DA) felt that it was difficult for Members to consider the possible implications of the clause as it was the first time they were presented with it. Although on face value it supported the clause, the DA, he added, reserved the right to reconsider it during the Committee deliberations on the B-Version of the Bill.

The Chairperson thought it to be incorrect to suggest that the process had been rushed, as all other clauses of the Bill were duly considered. Despite that, he noted the support of both Members and said the clause had been carried.

Mr Roos clarified that the DA did not support the clause outright.

Clause 12: Inserts Section 8A into the PPFA

Ms Govender highlighted that the clause sought to give effect to the retention of the name Multi-Party Democracy Fund.

Clause 14

Ms Govender told Members that this clause was rejected with a new one proposed: Amendment of Section 10 of Act 6 of 2018. ‘Section 10 of the PPFA 2018 is hereby amended by the substitution for the heading of the section of the following heading: Prohibition on donation to a member of a political party, independent representative and independent candidate.’

Mr Roos supported the proposed clause.

The clause was carried.

Clause 18: Inserts Section 12A into the PPFA

Ms Govender outlined that this section provides for independent representatives and candidates accounting for income.

Mr Roos stated that one of the submissions proposed there be a redraft of the clause to make it clear that the account of an independent candidate should be separate from their personal account.

The Chairperson recalled this submission and asked the SLA for clarification on why it was not a part of the clause.

Ms Govender indicated that the SLA had taken the Committee’s recommendation into account, and believed that the insertion of ‘separate’ was clear enough.

The Chairperson requested that the clause be worded in line with Mr Roos’ proposal.

Ms Govender stated that the SLA, together with the DHA, IEC, and PLS had gone through the clause and no additional proposal was made on this. However, the SLA would include any additional proposal.

The Chairperson pointed out that the Committee, IEC, and DHA resolved to include the wording mentioned earlier by Mr Roos.

Ms Telana Halley (Parliamentary Legal Advisor) assumed that the issue may have arisen as there was no clarity on what needed to be changed. The PLS had suggested drafting it to state ‘Separated from your personal bank account’, but no clear instruction was given by the Committee. Nonetheless, the PLS could still make the amendment if required.

The Chairperson stated that the IEC and PLS had resolved to include the wording mentioned earlier by Mr Roos. He asked for comment from the IEC and DHA on the matter.

Mr Mamabolo stated that the IEC’s submission stated that the personal accounts of an independent candidate or representative have to be separated from their personal bank accounts. 

The Chairperson noted the IEC’s input and asked for the SLA to redraft the clause.

Ms Govender noted the recommendation.

Adv Phelelani Khumalo (Head of Legal Services at DHA) confirmed that the DHA had made the same submission.

Clause 19: Amendment to Section 13 of the PPFA

Ms Govender said that Clause 19 proposed a minor amendment to Section 13 of the Act.

Mr Roos highlighted that the Committee had said Section 13 (3)(c) contained a reference to independent candidates, which may have been an oversight. He asked if this issue had been resolved in the clause yet.

Ms Govender explained that the SLA removed the word ‘candidate’ and substituted it with the word ‘representative’.

The clause was carried.

Clause 20: Amendment to Section 14 of the PPFA

Ms Govender mentioned that this clause provided for the IEC’s monitoring and inspection powers.

Ms Molekwa moved to support the adoption of the clause.

The clause was carried.

Clause 24: Amendment to Section 19 of the PPFA, offences and penalties

Ms Govender reminded the Committee that a decision was taken to include the specific amounts in the regulations to give effect to this.

Mr Roos recalled that the Committee had previously said that there was no legal justification to exclude independent candidates or representations in Section 19 (4) as the reference to Chapter 3 includes them.

Ms Govender indicated that there did not appear to be subsection 4 in the clause.

The Chairperson asked what clause Mr Roos was referring to.

Mr Roos said it was Section 19 (b)(4).

Ms Halley pointed out that Mr Roos was referring to Clause 24 of the Bill which amended Section 19 (4) of the Act. She confirmed that the Committee had previously said that there was no legal justification to exclude independent candidates or representations in Section 19 (4) as the reference to Chapter 3 includes them. However, upon further analysis of the section, the PLS noted that as an independent candidate is one person there would not be a scenario where an individual would make a donation to any besides to the candidate.

The purpose of the provision, she continued, was to prevent a scenario where a person provides a donation to a political party but then requests that it not be declared to circumvent the provisions of Chapter 3. During discussions the IEC proposed that the PLS include a sentence saying ‘or in any manner’, but the latter felt the section already made reference to Chapter 3.

The Chairperson asked if this proposal was made during deliberations between the IEC and PLS.

Ms Halley confirmed that was the case.

Mr Roos supported the inclusion of this proposed sentence into the clause.

Ms M Modise (ANC) also supported it.

The clause was carried.

Clause 26: Amendment to Section 24 of the PPFA, Regulations

Ms Govender outlined that the proposal was to omit subsection (1)(a) and substitute it with: ‘The President, acting on a resolution of the National Assembly, may by proclamation in the gazette make regulations in respect of matters contemplated in sections 6(2), 7(2)(e), 7(3)(d), 8(2), 8(5) and 9(1)(a).’

Mr Roos said it seemed to him that the Committee was reverting to the original wording of the clause.

The Chairperson highlighted that the clause did not deal with the powers of the President.

Ms Govender confirmed that the clause was being reverted to the original wording of the clause but with the addition of sections that have been amended.

Ms Modise supported the clause.

The clause was carried.

Clause 27: Amendment to Section 25 of the PPFA

Ms Govender indicated that the clause was rejected by the Committee as it agreed to retain the Multi-Party Democracy Fund (MPDF).

Clause 28: Substitution of the short title of the PPFA

Ms Govender said this clause sought to omit ‘an independent’ and to give effect to the name of the MPDF.

The clause was carried.

Clause 31

Ms Govender said the clause sought to ensure that voters who voted through Section 24A would have to notify the Chief Electoral Officer of the IEC of their intention to vote in a different voting district due to their relocation, temporary or not.

The Chairperson remarked that Members deliberated on Section 24A during the meeting on Tuesday.

Ms T Legwase (ANC) supported the adoption of the clause.

The clause was carried.

Clause 33

Ms Govender said the clause substituted the definition of an independent candidate to a South African citizen contesting an election and who is not nominated on a list of a party; and an independent representative to, an independent candidate with representation in the National or a Provincial Legislature.

The clause was carried.

New Clause

Ms Govender outlined that a new clause, Clause 35, was proposed in the Electoral Commissions Act (ECA) which included independent representatives.

Mr Roos supported the adoption of the clause.

The clause was carried.

Clause 35

Ms Govender stated that the clause proposed the insertion of a new paragraph A which provides a definition of ‘election day’. It also includes the definitions of independent candidates and representatives.

The clause was carried.

Clause 38: Amendment to Section 57 of the ECA

Ms Govender told Members that the clause included independent candidates and representatives.

The clause was carried.

Clause 39: Amendment to Section 58 of the ECA

Ms Govender informed the Committee that this clause provides for political advertising on broadcasting services. The amendments proposed including independent representatives and candidates.

Ms Legwase supported the adoption of the clause.

The clause was carried.

Clause 40

Ms Govender indicated that this amendment substituted Section 59 of the ECA and to make reference to independent representatives.

Mr Roos supported the adoption of the clause.

The clause was carried.

Clause 41: Amendments to sections of the ECA

Ms Govender pointed out that the clause sought to insert independent representatives in various sections of the ECA.

Ms Legwase supported the adoption of the clause.

The clause was carried.

Clause 42: Amendment to Section 1 of the Financial Management of Parliament and Provincial Legislatures Act, Definitions

Ms Govender said the clause proposed the inclusion of a new definition for independent representative (mentioned earlier).

Ms Legwase supported the adoption of the clause.

The clause was carried.

Clause 43: Amendment to Section 34 of the Financial Management of Parliament and Provincial Legislatures Act

Ms Govender informed Members that the section provided for the support of members in political parties. The clause proposed the inclusion of independent representatives to submit audited financial statements.

Ms Modise supported the adoption of the clause.

The clause was carried.

New Clause

Ms Govender indicated that a new clause was proposed in the Financial Management of Parliament and Provincial Legislatures Act (FMPPLA) to give effect to the decisions of the Committee. The clause stated that the financial management of the provision of support services and constituency funding to political parties and independent representatives represented in Parliament.

Ms Legwase supported the adoption of the clause.

The clause was carried.

Long title

Ms Govender mentioned that minor amendments were proposed in the long title.

Ms Modise supported the adoption of the clause.

The clause was carried.

The Chairperson asked when the Committee would deal with Clause 29 of the Bill.

Ms Halley explained that there was no need to make a change in the A-List as Clause 29 of the Bill was not being amended.

Adv Khumalo stated that the 90/10 was already included in the original Bill.

Ms L van Der Merwe (IFP) indicated that the A-List did not make any changes to Clause 29. As such, the funding model proposed in the Bill remained as it was. With this in mind, the IFP expressed its opposition to the model as it did not believe it was equitable. Moreover, it did not support the A-List as presented.

Mr Mamabolo said the IEC could not offer its views on the funding model chosen. However, he asked if the Committee wanted both Houses of Parliament to be involved in determining the upper limits, or only the National Assembly.

The Chairperson mentioned that the IEC brought this matter up in the previous meeting, and the Committee resolved to assign this function only to the National Assembly.

Since the Committee had concluded its deliberations on the A-List, he requested a mover for its adoption.

Mr B Pillay (ANC) moved for the adoption of the A-List.

Ms Legwase seconded the mover.

Mr Roos said the DA objected to its adoption on the same basis as the IFP.

The majority of the Committee adopted the A-List, noting the objections from the DA and IFP.

The Chairperson asked when the Committee would deliberate on the B-Version of the Bill.

Mr Mathonsi indicated that it will take place on 28 February.

The Chairperson asked when the SLA planned to finalise the B-Version of the Bill.

Ms Govender stated that the SLA would either send the B-Version for printing later in the day or the following day.

The Chairperson outlined that the Committee would meet on Wednesday 28 February. In addition, it resolved that the Minister of the DHA should appear before the Committee to report on the Electoral Reform Panel during its Tuesday meeting with the Border Management Authority.

Adv Khumalo took note of the Committee’s request.

The meeting was adjourned.