The Portfolio Committee on Home Affairs has unanimously resolved that a proposed draft motion in respect to regulations governing the maximum amount of a donation that can be accepted and the threshold amount of donations that must be disclosed must undergo a public participation process to ensure that it is reflective of the will and views of the people.
The draft motion tried to remedy a lacuna in the Electoral Matters Amendment Act of 2014 as confirmed by the Western Cape High Court judgement in the matter of My Vote Counts NPC v The President and others. In making the decision, the committee highlighted the importance of public participation in line with Section 59 (1) of the constitution that compels the National Assembly to facilitate public involvement in its processes.
The draft motion proposes that, in terms of section 24 of the Act, the President as soon as reasonably possible, makes regulations regarding the amounts contemplated in section 8(2) and 9(1)(a) of the Act in accordance with the process set out in that Act, and that the President in that regard considers amounts set by items 7 and 9 of Schedule 2 to the Act prior to its amendment by the Electoral Matters Amendment Act 2024 (Act No. 14 of 2024), namely:
(i) the amount referred to in section 8(2) (upper limit of donations) being fifteen million rand in a financial year; and
(ii) the amount referred to in section 9(1)(a) (disclosure limit) of the Act being one hundred thousand rand in a financial year.
The committee will in due course communicate avenues that the public can contribute comments to the draft motion.
Meanwhile, the committee adopted a report on the draft notice determining the remuneration of Commissioners of the Electoral Commission of South Africa (IEC) for the 2023/24 and 2024/25 financial years in line with the Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act of 2014.
The committee concurred with the President’s determination on the remuneration adjustment of IEC Commissioners, that a retrospective salary increases of 3% be implemented for the 2023/24 financial year and 2.5% for the 2024/25 financial year for the Chairperson and other full-time Commissioners.
The committee will recommend to the National Assembly to approve the notice determining the remuneration of the Commissioners of the Electoral Commission of South Africa (IEC).
Furthermore, the committee received a presentation from Parliament’s Public Education Office on their plans to ensure a rigorous public participation process on the Marriage Bill [B43 – 2023]. The committee intends on undertaking a comprehensive public participation process and the presentation laid a framework that will be followed to ensure that the public participation process that will be undertaken will be inclusive and meaningful.
Distributed by APO Group on behalf of Republic of South Africa: The Parliament.
