Electoral Matters Amendment Bill: adoption
Meeting Summary
After clause-by-clause deliberations, the Committee considered and adopted both the A list and B versions of the Electoral Matters Amendment Bill.
Following a resolution from the National Assembly, the Bill gives the President the power to make or amend Regulations in relation to the Political Party Funding Act.
The accompanying committee report was also approved. According to this report, the Bill was supported by the ANC while the Democratic Alliance (DA), African Christian Democratic Party (ACDP), Freedom Front Plus (FF+), and Inkatha Freedom Party (IFP) objected to the Bill primarily due to concerns about the impact on smaller parties of changing the funding formula and pending regulations related to disclosure threshold and upper donation limits.
Meeting report
The Chairperson welcomed all those who were present in the meeting. He indicated that the purpose of the meeting was for Members to deliberate and consider the B-Version of the Electoral Matters Amendment Bill (EMAB) as well as the accompanying report.
Thereafter, he asked if the Committee received any apologies.
Mr Eddie Mathonsi (Committee Secretary) mentioned that he received apologies from Ms van Der Merwe, who was attending another meeting, and the Deputy Minister.
Adv Phelelani Khumalo (Head of Legal Services: DHA) tabled an apology on behalf of the Minister, who he said had another commitment.
The Chairperson requested that the DHA brief the Committee.
DHA Input
Adv Khumalo summarised the three main issues that were raised by Mr Roos.
The first is that when one looks at the clause amending section 24, it is clear that the President would now make the regulations after the resolution of the National Assembly. The Member raised that when you go to clause 26 (b) you must not say when making these regulations the President must take into account the following. Instead, you must now say that when making these regulations, the National Assembly must take into account the following. It is still the President that makes regulations as the head of the Executive. All that happened is that the proposed conditions which were to make those regulations after consultation with the Portfolio Committee and the relevant Minister were rejected by this Committee. This Committee said let’s revert to the original condition. This means that the President will make these regulations after a resolution of the National Assembly. The clause is still correct where it says when making these regulations the President must take into account the following because it is still the President making the decision.
The two remaining issues are about clause 28(g) where they are amending regulation 7 of the regulations that appear in Schedule 2. Mr Roos was arguing that now that we have removed the limit by this proposed clause (the limit was R15 million in the current regulations) and now that this is no longer there, then it means there will be no limits. Political parties can receive donations in excess and there will be nothing regulating this space. The Department pointed out that the new clause that was adopted by this Committee which is the amendment of regulation 7, still has safeguards and limits. It says there will be a National Assembly resolution, after that, the President will determine the amounts that are referred to in section 8 (2). There will still be limits. It’s just the manner in which they will be determined. The National Assembly will pass a resolution and based on that the President will determine the amount so there will still be limits.
The same thing is raised regarding the amendment of regulation 9, which was the disclosure limit. Again, there will still be a disclosure limit. All that it means in the new clause is that in the new regulation 9, there will be a resolution passed by the National Assembly, and the President, following that, will determine the disclosure threshold referred to in section 9 (1)(a).
There was another issue that he had discussed with the Parliamentary Legal Advisor (PLA) whether there would be a vacuum when we pass this legislation looking at these limits
In his view, this Committee and Parliament can discuss the timing issue. He advised that they can make sure that when this legislation is passed, then the following day, they can determine the limits and pass that resolution and the President can make the regulations and determine the limits.
The Chairperson informed Members that they would be given the opportunity to comment on these clauses during the deliberations on the Bill.
Deliberations on the A-list of the EMAB
Ms Sarah Govender (Senior State Law Advisor at the Office of the Chief State Law Advisor (OCSLA)) said that there are minor typographical errors that are still being cleaned up.
The A-list reflected all the decisions made by the Committee, more specifically the amendments to Clause 18, which refers to the separate accounts, Clause 24, which relates to offences for accepting certain donations for oneself, and Clause 29, which includes reference to the National Assembly resolution.
On clause 18, she pointed out that there was an omission from the bill with regard to the accounting practice required by the participants. From a legal standpoint, the Parliamentary Legal Services (PLS) and OCSLA have agreed with the Independent Electoral Commission (IEC) that it is necessary to have parity between independent candidates and unrepresented political parties with respect to accounting practice. From a drafting perspective, this paragraph is in order. It is a consequential amendment and all stakeholders that were involved in the drafting of the A-list are in agreement. If further clarity is needed, the IEC can explain further.
The Chairperson asked for Members' input on this.
Mr B Pillay (ANC) moved for the adoption of the paragraph.
Ms T Legwase (ANC) seconded the mover.
The paragraph was duly adopted.
Ms Govender highlighted that there was another proposed amendment. This is a new clause, clause 26. This is with regard to the substitution of section 23 of the Political Party Funding Act (PPFA). This was a matter identified as an omission by the PLS, which explained the need for independent representatives to be included in this provision. The PLS can provide clarity if required. The OCLSA is of the view that the provision is properly drafted and is needed.
The Chairperson asked for Members' input on this.
Mr A Roos (DA) said the amendment was acceptable and supported the clause.
Mr Pillay seconded the mover.
The clause was duly adopted.
The A-list was agreed to with those amendments.
Ms Govender said she would then take Members through the B-Version of the Bill.
Deliberations on the B-Version of the EMAB
Ms Govender provided a brief overview of the B-Version of the Bill and pointed out the amendments that were made.
Following this, the Chairperson commented that this was a reflection of the Committee’s deliberations.
He asked Ms Govender to take the Committee through the Bill, clause-by-clause for consideration.
Long title
The Chairperson requested a mover for the adoption of the long title.
Ms M Modise (ANC) moved for its adoption.
Ms Legwase seconded the mover.
The long title was duly adopted.
Clause 1: Substitution of the long title of the PPFA
The Chairperson requested a mover for the adoption of the clause.
Ms Modise moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 2: Amendment of the preamble of the PPFA
The Chairperson requested a mover for the adoption of the clause.
Ms Legwase moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 3: Amendment of Section 1 of the PPFA
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Modise seconded the adoption.
The clause was duly adopted.
Clause 4: Amendment of Section 2 of the PPFA
The Chairperson requested a mover for the adoption of the clause.
Ms Modise moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 5
The Chairperson requested a mover for the adoption of the clause.
Ms Legwase moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 6
The Chairperson requested a mover for the adoption of the clause.
Ms Modise moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 7
The Chairperson requested a mover for the adoption of the clause.
Ms Legwase moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 8
The Chairperson requested a mover for the adoption of the clause.
Mr Roos moved for its adoption.
Ms Legwase seconded the mover.
The clause was duly adopted.
Clause 9
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Mr Roos seconded the mover.
The clause was duly adopted.
Clause 10
The Chairperson requested a mover for the adoption of the clause.
Mr Roos moved for its adoption.
Ms Legwase seconded the mover.
The clause was duly adopted.
Clause 11
The Chairperson requested a mover for the adoption of the clause.
Ms Modise moved for its adoption.
Mr Roos highlighted that this clause related to the prohibited donations. As it currently stands the clause would not prescribe an amount for donations, he argued.
The Chairperson thought that the department’s earlier input on the limits to the President’s power to determine the thresholds for donations covered Mr Roos’ concern.
Mr Roos indicated that the DA rejected the clause as it was drafted.
Mr Pillay felt that the department’s earlier input was sufficient. As such, he seconded the mover.
Ms Modise believed that the Committee had passed the point of deliberations on the clauses. Moreover, Members had been satisfied by the department’s earlier input, she said.
The clause was duly adopted, noting the objection of the DA.
Clause 12
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 13
The Chairperson requested a mover for the adoption of the clause.
Ms Legwase moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted, noting the DA’s objection.
Clause 14
The Chairperson requested a mover for the adoption of the clause.
Mr Roos moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 15
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 16
The Chairperson requested a mover for the adoption of the clause.
Ms Legwase moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 17
The Chairperson requested a mover for the adoption of the clause.
Ms Modise moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 18
The Chairperson requested a mover for the adoption of the clause.
Ms A Molekwa (ANC) moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 19
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 20
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Mr Roos seconded the mover.
The clause was duly adopted.
Clause 21
The Chairperson requested a mover for the adoption of the clause.
Mr Roos moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 22
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Mr Roos seconded the mover.
The clause was duly adopted.
Clause 23
The Chairperson requested a mover for the adoption of the clause.
Ms Modise moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 24
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 25
The Chairperson requested a mover for the adoption of the clause.
Mr Roos moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 26
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 27
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 28
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Ms Legwase seconded the mover.
The clause was duly adopted.
Clause 29
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Ms Legwase seconded the mover.
Mr Roos said the DA objects to Clause 29, specifically due to the funding formula and the regulations for allocating funds to parties and independent representatives, on the removal of the disclosure and upper limits. As the formula was a substantive amendment he felt that the Committee should conduct an impact assessment of the PPFA that would advise changes in a future general electoral amendment bill.
The clause was duly adopted, noting the DA’s objection.
Clause 30
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 31
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Ms Legwase seconded the mover.
The clause was duly adopted.
Clause 32
The Chairperson requested a mover for the adoption of the clause.
Ms Modise moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 33
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 34
The Chairperson requested a mover for the adoption of the clause.
Ms Modise moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 35
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 36
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 37
The Chairperson requested a mover for the adoption of the clause.
Ms Modise moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 38
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 39
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
Clause 40
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 41
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 42
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 43
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 44
The Chairperson requested a mover for the adoption of the clause.
Ms Molekwa moved for its adoption.
Mr Pillay seconded the mover.
The clause was duly adopted.
Clause 45
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Molekwa seconded the mover.
The clause was duly adopted.
Clause 46
The Chairperson requested a mover for the adoption of the clause.
Mr Pillay moved for its adoption.
Ms Modise seconded the mover.
The clause was duly adopted.
After adopting all of the clauses the Chairperson requested a mover for the adoption of the B-Version of the EMAB.
Mr Roos pointed out that the Committee received a written determination from the PLS that Clause 29 was a substantive amendment. He felt that this clause should be reconsidered by the Committee. Moreover, he believed that the Committee should obtain clarity on which clauses of the Bill were substantive.
The Chairperson stressed that the Committee had deliberated extensively on the Bill, based on the submissions made by stakeholders such as the DHA and the Independent Electoral Commission (IEC), and resolved to adopt the clause.
Thereafter, he requested a mover for the adoption of the Bill.
Ms Modise moved for the adoption of the Bill.
Mr Pillay seconded the mover.
Mr Roos said the DA objected to the Bill’s adoption.
The B-Version of the EMAB was duly adopted, noting the DA’s objection.
The Chairperson asked for the Content Advisor to take the Committee through its report on the Bill.
Committee Report on the B-Version of the EMAB
Mr Adam Salmon (Committee Content Advisor) took the Committee through the report.
The Chairperson requested a mover for the adoption of the report.
Mr Pillay moved for the adoption of the report.
Ms Modise seconded the mover.
Mr Roos indicated that the DA objected to the report, as critical information was missing from it.
The report was duly adopted, noting the DA’s objection.
The Chairperson thanked the Members for their contribution to the processing of the Bill from beginning to end.
Adv Khumalo thanked the Committee, on behalf of the department, for its tireless work during the processing of the Bill.
The Chairperson thanked the officials from the DHA, IEC, PLS, and IEC for their contribution to the work of the Committee.
The meeting was adjourned.
Audio
No related
Present
-
Chabane, Mr MS
Chairperson
ANC -
Hendricks, Mr MGE
Al Jama-ah -
Khanyile, Ms AT
DA -
Legwase, Ms TI
ANC -
Modise, Ms M
ANC -
Mogale, Mr T
EFF -
Pillay, Mr KB
ANC -
Roos, Mr AC
DA -
Tetyana, Mr Y
EFF
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