ANC, EFF unite behind disputed Electoral Matters Amendment Bill

Home Affairs Minister Aaron Motsoaledi has dared opposition parties to legally challenge the disputed Electoral Matters Amendment Bill that the ANC and EFF ensured was passed in the National Assembly. Picture: Bongani Shilubane

Home Affairs Minister Aaron Motsoaledi has dared opposition parties to legally challenge the disputed Electoral Matters Amendment Bill that the ANC and EFF ensured was passed in the National Assembly. Picture: Bongani Shilubane

Published Mar 13, 2024

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Home Affairs Minister Aaron Motsoaledi has dared opposition parties to legally challenge the disputed Electoral Matters Amendment Bill that the ANC and EFF ensured was passed in the National Assembly on Tuesday.

When the bill was put to vote, the ANC and EFF secured 240 votes, while the opposition parties got 90 ballots. It will now be sent to the National Council of Provinces for concurrence.

The bill is a sequel to the Electoral Amendment Act that was passed last year to provide for independent candidates to stand for election in Parliament and provincial legislatures.

It provides for the regulation of the private and public funding of independent candidates and independent representatives, among others.

In terms of the proposed funding formula, allocation has been changed from two-thirds proportional and one-third equitable to 90% proportional and 10% equitable.

Motsoaledi said the advent of the election of independent candidates necessitated the consequential amendments to five acts that catered for political parties only.

“Most of the amendments are technical. When it comes to political funding, more needed to be done to accommodate independent candidates so that they too are funded for their activities,” Motsoaledi said.

Motsoaledi said he did not understand why the size of a political party was suddenly unconstitutional.

“Why is it a sin to have a party with many members,” he said before challenging the parties to go to court.

EFF’s Naledi Chirwa said all new parties and independent candidates should be made to declare their funding even before they were elected in Parliament and legislatures.

“The IEC should audit their books to check whether funding comes from illegitimate resources and criminal activities,” Chirwa said.

DA MP Adrian Roos said the bill was a crude attempt by the ANC to cling to power. “It has nothing to do with the inclusion of independent candidates,” Roos said. He said the new formula would result in an extra R50 million allocation going to the ANC and the income of smaller parties being reduced.

Roos complained about procedural irregularity on the substantive changes that were made.

IFP’s Liezl van der Merwe said political expedience had taken over when the ANC effected massive changes to the bill as it was set to lose its grip on power. Van der Merwe said the bill stood to benefit the ANC, was unconstitutional and a threat to democracy.

The ANC strayed beyond the scope necessary and extended the funding formula, by going back to a model that was changed years ago, she said.

“It can be described as a money grab by the ruling party to nullify the levelling of the playing field. If the ANC forces the bill today, we will be forced to defend democracy in court,” she said.

UDM’s Nqabayomzi Kwankwa said the bill was meant to facilitate participation of independent candidates in a manner proportional and equitable, but the opposite happened.

“This matter is going to court. We are going to challenge it and you run the risk of not being able to get resources or any funding before the elections.”

We must go to the elections with the current formula,” Kwankwa said.

GOOD Party MP Brett Herron the bill was a thinly veiled response by the ruling party to the impact new parties were having on changing the shape of South African politics.

“The sponsors of the bill are taking the wholly unrelated, and uncalled for, opportunity to throttle opposition parties by changing the way that public political funding is distributed,” Herron said.

ANC’s Moleboheng Modise said: “We refute the notion that this bill is aimed at assisting the ANC to win elections. They can smell the defeat.”

Cape Times