PUBLIC FUNDING OF REPRESENTED POLITICAL PARTIES AMENDMENT BILL
Private Members’ Bill Submitted in terms of Section 73 (2)Read with Section 76 (1) of the Constitution

MEMORANDUM 

Notice is hereby given of the introduction of a Private Member’s Bill in terms of Section 73(2) read with Section 76(1) of the Constitution. In terms of Rule 234 (read with rule 230(1), a member must submit to the Speaker a memorandum which:-

    1. sets out particulars of the proposed legislation;
    2. explains the objects of the proposed legislation; and
    3. states whether the proposed legislation will have financial implications for the State and, if so, whether those implications may be a determining factor when the proposed legislation is considered.

The Honourable Speaker is requested to deal with this Bill in terms of Section 235 of the National Assembly Rules.

A. PARTICULARS OF PROPOSED LEGISLATION

Public Funding of Represented Political Parties Amendment Bill

To amend Public Funding of Represented Political Parties Act No. 103 of 1997 to provide for the regulation of donations to political parties; and to provide for matters connected therewith or incidental thereto.

  1. Amendment of long title
  2. Amendment of Section 6(1)
  3. Amendment of Section 6(3)
  4. Amendment of Section 8(1)
  5. Short Title
  1. The long title of the Act is amended by the insertion after the words "political parties", where they appear in the penultimate line of the long title, of the words "to prohibit the acceptance of donations by political parties from foreign governments; to regulate the acceptance of donations by political parties from foreign or domestic donors to prohibit the acceptance of anonymous donations in excess of R50 000".
  2. Section 6(1) of the Act is amended by the insertion of the following clauses:
  3. 6(1)(c) not accept any donation from any foreign government;

    6(1)(d) not accept any donation from any other foreign or domestic source which is anonymous if the amount in one financial year from that source exceeds R50 000; and

    6(1)(e) declare the name and address of any donor whose donation in one financial year exceeds R50 000.

  4. Section 6(3) of the Act is amended by the insertion after the words "have been applied" of the following words:
  5. "and declare the names and addresses of the donors and the amount of all donations exceeding R50 000, including the total amount in excess of R50 000 received from a donor in the financial year concerned"

  6. Section 8(1) of the Act is amended by the insertion of a new clause 8(1)(c) as follows:
  7. "a report in respect of each political party disclosing the declaration by each in terms of Section 6(1)(e)"

  8. Short title and commencement – This Act is called the Public Funding of Represented Political Parties Amendment Act, 2002, and comes into operation on

a date that will be determined by the President by proclamation in the Gazette.

B. THE OBJECTS OF THE PROPOSED LEGISLATION

The intended Bill has as object -

    1. the prohibition of donations from foreign governments;
    2. the prohibition of anonymous donations from other foreign sources or from domestic sources if those donations from one source exceed R50 000 in a financial year;
    3. the requirement that the name and address of any donor whose donation exceeds R50 000 in a financial year must be declared;
    4. the preparation of a report for submission to the Auditor-General and to Parliament disclosing details of declarations by political parties.

C. FINANCIAL IMPLICATIONS

The Legislation will have no financial implications.

Name of Member: DOUGLAS HARVEY MONRO GIBSON

Signature: …………………………………………………………..

Date: 27 June 2002…..……………………………………………..