Opposition parties threaten court action over political party funding
Change in the political party funding formula is contained in the Electoral Matters Amendment Bill adopted by the National Assembly
13 March 2024 - 05:00
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Home affairs minister Aaron Motsoaledi. Picture: JACO MARAIS
Opposition parties warned in the National Assembly on Tuesday they would challenge in court a bill which favours the ANC in terms of political party funding.
The Electoral Matters Amendment Bill was adopted by the ANC and supported by the EFF and the National Freedom Party while the DA, IFP, FF+, ACDP, UDM, GOOD and PAC rejected it because of the change in the funding formula for political parties and independents representatives. A total of 240 MPs voted in favour and 90 against.
Whereas the existing formula in the Political Party Funding Act allocates funds on the basis of two thirds proportional and one third equitable, the bill as adopted changes this to 90% proportional and 10% equitable which will see the allocation to smaller parties cut by over 50% in the majority of cases.
DA MP Adrian Roos estimated the ANC could get R50m in the next year as a result of the change and described the revised formula as yet another example of the “unbridled greed” on the part of the ANC.
“The bill is a crude attempt at directing more public and donor funds into the coffers of the ANC to help them cling on to power,” Roos said.
Home affairs minister Aaron Motsoaledi, who introduced and concluded the debate, did not explain the rationale for this change in formula other than by saying it was in line with the constitutional principle that political party funding must be proportional and equitable.
He said the funding formula had to change to accommodate independent representatives following the Constitutional Court judgment they have the right to contest national and provincial elections. “Now that we have independents we fully believe that the formula cannot be the same,” he said.
Motsoaledi also justified the fact that big parties would benefit more by saying that it was not a sin to be a big party with many members. This was not the point of the arguments of opposition party MPs who questioned the balance achieved in the bill between proportionality and equitability and not the size of parties.
“What I am hearing now is that to be a bigger party is now suddenly unconstitutional. Why is it a sin to have a party with many members? If the word proportional is a sin it would not be in the constitution. This is about proportionality. It is never a sin to be a big party,” Motsoaledi asked.
“Go to court, we will meet you there,” the minister challenged.
ANC MPs who spoke during the debate also did not justify why the specific 90/10 split was chosen.
Several MPs from opposition parties referred to the negotiated and unanimous decision of all political parties before the Political Party Funding Act was introduced in 2018 to have a two thirds/one third split in the interests of fostering multiparty democracy, assisting smaller parties and levelling the playing fields.
Roos pointed out at the time the ANC supported the two thirds/one third split saying that additional funds should go to smaller parties to promote political diversity and prevent the system favouring incumbents. There was no reason to change this approach, he said.
IFP MP Liezl van der Merwe said the change was political expediency on the part of the ANC. The change in the formula was an “unconstitutional money grab by the ruling party” and “a great threat to our democracy,” she said. “If the ANC forces this bill through parliament today many of us will be forced to defend our democracy in court.”
FF+ chief whip Corne Mulder also said the change would diminish multiparty democracy as it will enhance the position of one party dominance. He warned the ANC it ran the risk of the court ruling that a 50/50 split should be implemented. ACDP MP Steve Swart said the measure was “a cynical and greedy move” on the part of the ANC.
DA MP Angel Khanyile pointed to one of the critical consequences of the bill as being that when President Cyril Ramaphosa signs it into law there would be no upper limit for donations to political parties and independent representatives and no minimum threshold amount for the disclosure of donations. This would have to await a resolution of parliament and the gazetting of the regulations by the president.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Opposition parties threaten court action over political party funding
Change in the political party funding formula is contained in the Electoral Matters Amendment Bill adopted by the National Assembly
Opposition parties warned in the National Assembly on Tuesday they would challenge in court a bill which favours the ANC in terms of political party funding.
The Electoral Matters Amendment Bill was adopted by the ANC and supported by the EFF and the National Freedom Party while the DA, IFP, FF+, ACDP, UDM, GOOD and PAC rejected it because of the change in the funding formula for political parties and independents representatives. A total of 240 MPs voted in favour and 90 against.
Whereas the existing formula in the Political Party Funding Act allocates funds on the basis of two thirds proportional and one third equitable, the bill as adopted changes this to 90% proportional and 10% equitable which will see the allocation to smaller parties cut by over 50% in the majority of cases.
DA MP Adrian Roos estimated the ANC could get R50m in the next year as a result of the change and described the revised formula as yet another example of the “unbridled greed” on the part of the ANC.
“The bill is a crude attempt at directing more public and donor funds into the coffers of the ANC to help them cling on to power,” Roos said.
Home affairs minister Aaron Motsoaledi, who introduced and concluded the debate, did not explain the rationale for this change in formula other than by saying it was in line with the constitutional principle that political party funding must be proportional and equitable.
He said the funding formula had to change to accommodate independent representatives following the Constitutional Court judgment they have the right to contest national and provincial elections. “Now that we have independents we fully believe that the formula cannot be the same,” he said.
Motsoaledi also justified the fact that big parties would benefit more by saying that it was not a sin to be a big party with many members. This was not the point of the arguments of opposition party MPs who questioned the balance achieved in the bill between proportionality and equitability and not the size of parties.
“What I am hearing now is that to be a bigger party is now suddenly unconstitutional. Why is it a sin to have a party with many members? If the word proportional is a sin it would not be in the constitution. This is about proportionality. It is never a sin to be a big party,” Motsoaledi asked.
“Go to court, we will meet you there,” the minister challenged.
ANC MPs who spoke during the debate also did not justify why the specific 90/10 split was chosen.
Several MPs from opposition parties referred to the negotiated and unanimous decision of all political parties before the Political Party Funding Act was introduced in 2018 to have a two thirds/one third split in the interests of fostering multiparty democracy, assisting smaller parties and levelling the playing fields.
Roos pointed out at the time the ANC supported the two thirds/one third split saying that additional funds should go to smaller parties to promote political diversity and prevent the system favouring incumbents. There was no reason to change this approach, he said.
IFP MP Liezl van der Merwe said the change was political expediency on the part of the ANC. The change in the formula was an “unconstitutional money grab by the ruling party” and “a great threat to our democracy,” she said. “If the ANC forces this bill through parliament today many of us will be forced to defend our democracy in court.”
FF+ chief whip Corne Mulder also said the change would diminish multiparty democracy as it will enhance the position of one party dominance. He warned the ANC it ran the risk of the court ruling that a 50/50 split should be implemented. ACDP MP Steve Swart said the measure was “a cynical and greedy move” on the part of the ANC.
DA MP Angel Khanyile pointed to one of the critical consequences of the bill as being that when President Cyril Ramaphosa signs it into law there would be no upper limit for donations to political parties and independent representatives and no minimum threshold amount for the disclosure of donations. This would have to await a resolution of parliament and the gazetting of the regulations by the president.
ensorl@businesslive.co.za
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