The Department of Home Affairs has introduced tough measures that would tighten the law to prevent donors from making donations to political parties and independent candidates or representatives in return for tenders.
Chief Director for Legal in the department, advocate Phelelani Khumalo told parliamentarians on Tuesday that the Electoral Matters Amendment Bill will amend the Political Party Funding Act and make provisions to ensure that donors are not funding parties with an expectation to get tenders.
In addition, the law will prevent parties, independent candidates, and representatives from receiving money from the proceeds of crime.
Cabinet approved the Electoral Matters Amendment Bill at the end of November.
Minister of Home Affairs Aaron Motsoaledi wrote to the Speaker, Nosiviwe Mapisa-Nqakula, and National Council of Provinces chairperson Amos Masondo that he would table the bill in Parliament.
The Department of Home Affairs briefed the portfolio committee on home affairs and the select committee on security and justice on Tuesday, where they outlined the clauses of the bill.
Khumalo said the bill will prevent the Electoral Commission of South Africa (IEC) from accepting donations for the Multi-Party Democracy Fund that it believes are from the proceeds of crime.
“This has been a matter that has been in the public debate for a long time, honourable members, and we need to ensure that political parties and independent candidates are not funded through the proceeds of crime,” said Khumalo.
However, the law will also not allow donors to fund parties with the expectation that they will get a tender.
“This is going to be prohibited if a donor donates money with the expectation that the person that receives a donation would then provide an advantage or a tender or anything,” said Khumalo.
In addition, the law prohibits a member of a party from receiving a donation in their private capacity.
Amendments to the law emanate from the ruling of the apex court on the participation of independent candidates in national polls.
The Constitutional Court delivered judgment last week in which it ruled against an application by Mmusi Maimane and Independent Candidate South Africa.
This was in relation to the split of seats in the National Assembly.
This stems from the earlier judgment of the court in 2020 that allowed independent candidates to contest elections in the national legislature and provincial legislature.
siyabonga.mkhwanazi@inl.co.za
Politics