Schreiber abandons Home Affairs’ opposition in Electoral Matters Amendment Bill case

Home Affairs Minister Leon Schreiber has abandoned National Assembly Speaker Thoko Didiza and Minister of Justice and Constitutional Development Thembi Simelane in the Electoral Matters Amendment Bill case.

In May, President Cyril Ramaphosa signed the Bill into law. It was introduced by former home affairs minister Aaron Motsoaledi last year.

He said the Bill would expand “financial resources for South Africa’s multiparty democracy, including support for independent candidates and representatives”.

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The Electoral Matters Amendment Bill amends the Political Party Funding Act of 2018 to provide for the regulation of the private and public funding of independent candidates and independent representatives, among other provisions.

It removes the R15 million limit on donations to political parties from a single donor per year and the R100 000 threshold for declaring these donations to the Electoral Commission of South Africa (IEC).

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However, the government was warned of a potential gap in the Electoral Matters Amendment Bill. Calls have escalated for Ramaphosa to set another threshold for declaring donations.

Electoral Matters Amendment Bill ‘gap’

The absence of a new threshold, argued lobby group My Vote Counts at the Western Cape High Court on Monday, leaves space for political lawlessness.

“For the past three months, we have been in a period of political party funding lawlessness,” it said in a statement.

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“In the past 93 days, donations of any amount could have been made to political parties or independent candidates, and there has been no legal obligation for parties or donors to disclose.

“As a result of this entirely avoidable situation, My Vote Counts was left with no choice but to approach the court on an urgent basis to reinstate the previous financial thresholds until new regulations in terms of the Bill had been passed.

“Without established financial thresholds, there is an ongoing risk of unregulated and undisclosed funding. The situation necessitates prompt intervention to maintain transparency and accountability in political finances.

“Every day that passes without these measures increases the risk of undisclosed and unlimited donations influencing political activities, and compromising the integrity of the democratic process.”

Although the Home Affairs and Justice ministries were cited as respondents in the Electoral Matters Amendment Bill case, Schreiber announced before the case was heard yesterday that he had instructed that his department’s opposition against My Voice Counts’ case to be withdrawn immediately.

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“We don’t need less (or zero) disclosure,” announced Schreiber.

“We need stronger financial disclosures to protect our democracy from cases like VBS looting. Forward with our democracy, never backwards.”

Judgment was reserved on Monday.