Election bill clamps down on donations for personal gain

A bill hastily being processed by parliament before next year’s general election will make it an offence to make a political donation to gain influence as the government tightens laws to prevent corruption.

A provision in the Electoral Matters Amendment Bill states it will be an offence to make a donation to a political party, a member of a political party, an independent candidate or an independent representative in the expectation that they will influence the awarding of a tender, licence, approval, consent or permission, or the relaxation of a condition or restriction in relation thereto in the person’s favour. 

If found guilty the donor faces a fine of as much as R200,000, imprisonment for up to five years or both. The same penalties will apply to a member of a political party that accepts a donation meant for a political party or appropriates a donation intended for their political party.

The provision prohibiting donations in exchange for a benefit gives effect to a recommendation made by the Zondo commission of inquiry into state capture, but DA member of the home affairs committee Adrian Roos wanted to know how the provision would be policed and a direct link established between the donation and a later benefit. 

Home affairs advocate Phelelani Khumalo told a joint meeting of parliament's home affairs committee and select committee on security and justice the state would have to prove that there was an intention to commit an offence when the donation was made. 

He said the bill’s main aim is to regulate private and public funding of independent candidates and independent representatives after a Constitutional Court ruling that they be able to contest national and provincial elections. 

The bill, which amends the Political Party Funding Act, also prohibits a member of a political party from receiving any donation in their private capacity for any reason whatsoever. It also precludes the Electoral Commission of SA (IEC) from accepting donations to the Multi-Party and Independents Democracy Fund that it has reason to believe are the proceeds of crime. 

It further provides for the right of political parties, independent candidates and independent representatives to refuse to accept donations from any person or an allocation from the multi-party fund. 

The bill requires urgent processing ahead of next year’s elections. The home affairs committee will call for public submissions by February 2 after which joint public hearings will be held by the two committees. It is envisaged the bill will be finalised by the National Council of Provinces on February 28. 

The two committees did not deal with the possibility of including a provision relating to the number of signatures required by parties not represented in parliament or provincial legislatures. Last week the IEC told the home affairs committee it had received complaints that unrepresented parties would require signatures amounting to 15% of the quota for the region necessary to obtain a seat in the previous election (which could amount to as many as 14,000) to contest the election.

IEC chief electoral officer Sy Mamabolo said on Friday the commission expects litigation against the signature requirement for unrepresented political parties. 

Think-tank The Rivonia Circle and the Build One SA party want unrepresented political parties to have the same signature requirement as independent candidates.

ensorl@businesslive.co.za