ELECTORAL
ACT
AMENDMENT
BILL
Private Member’s Bill
Submitted
in terms of Section 73 (2),
Read with
Section 76 (1) of the Constitution
MEMORANDUM
To: The
Honourable Baleka Mbete MP
Speaker of the National Assembly
From: Gareth Morgan
MP
Date:
___________________________________________________________
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:
(A) sets
out particulars of the proposed legislation;
(B)
explains
the objectives of the proposed legislation;
(C)
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
Electoral
Amendment Bill
To amend
the Electoral Act No. 73 of 1998 to prohibit government advertising from the
date on which an election is called to the date the result of the election is
determined; and to provide for matters connected therewith or incidental
thereto.
1.
Insertion of new section entitled “Prohibition of Government Advertising” under
Part 5: Other General
Provisions
2.
Amendment of Section 97 to include
the new prohibition as an offence.
3.
Amendment of Section 98(b) to
stipulate the penalty carried by the offence.
4. Short
title to be appropriately amended
Prohibition
of government advertising
(1) (a) This section is applicable
only from the date on which an
election is called to the date the result of the election is
determined and declared in terms of section 57.
(b) For the purpose of
this section –
(i) “government” means
any department of state or administration in the national, provincial or local
sphere of government;
(ii) “advertising” means
any newspaper, book, periodical, pamphlet,
poster, media release,
billboard, mailing insert or other printed
matter or statement, or any audio and video material, or any information
in electronic format such as CD-Rom, internet or e-mail, or any display which is
produced and disseminated to the public and which is financed by, and directly
under the control of government.
(2) The government must
suspend all advertising except for –
(a) advertising relating
to community health, welfare and safety issues
including
environmental hazards.
(b) advertising relating
to emergency measures.
(c) advertising relating
to policies and legislation that require public
comment;
(d) factual information
having clear commercial considerations
including but
not limited to -
(i)
tourism
promotion
(ii)
international investment and trade
marketing
(iii)
tender
processes
(iv)
legal
processes
(v)
recruitment
(e) factual information on how to
access government services and
expertise.
B.
THE
OBJECTIVE OF THE PROPOSED LEGISLATION
The
intended Bill has as object –
(a)
the
prohibition of government advertising, with limited exceptions, from the date on
which an election is called to the date the result of the election is
determined;
(b)
the
provision of penalties for offences registered in this
regard;
(c)
the
prevention of any governing party from receiving an unfair advantage through the
use of government advertising;
(d)
the
promotion of multi-party democracy.
C.
FINANCIAL
IMPLICATIONS
The
legislation will have no financial implications.
Submitted
by: GARETH RICHARD MORGAN
Member of the
National Assembly
Signature:
_________________
Date:
_________________