The National Council of Provinces (NCOP) passed the bill without amendments.
The Electoral Matters Amendment Bill, which provides for changes in the formula in the funding of political parties, will be sent to President Cyril Ramaphosa for assent.
This comes after the National Council of Provinces (NCOP) passed the bill without amendments on Tuesday.
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 other things.
In terms of its proposed funding formula, the allocation of party funding has been changed from two-thirds proportional and one-third equitable to 90% proportional and 10% equitable.
The bill also amends the powers of the president to make regulations on the upper limits of donation and disclosure limits for donations once the National Assembly passes a resolution.
The opposition parties have raised concerns that the amendments were substantive, were rushed and were set to benefit the ANC to the disadvantage of smaller parties.
In its report to the NCOP, the security and justice portfolio committee said the amendments were not material but were consequential in nature and that the bill did not require further public participation.
It also said the funding formula satisfied proportional and equitable distribution in terms of section 236 of the Constitution.
Regarding the regulations on thresholds and upper limits of donations and disclosure of donation, the committee said the regulations should be ready as soon as the bill was enacted to prevent confusion on donations prior to the pending elections.
“The committee was assured that the department would gazette the regulations as soon as the bill is assented to.”
During the declarations by the parties before voting took place, EFF MP Mbulelo Magwala said the amendments were aligned with the new reality of the existence of independent candidates.
“We believe all new political parties and independent candidates must declare funding to the IEC even before they are represented in Parliament and legislatures.
“The IEC should be able to audit their books and check if their funding does not come from illegitimate sources and criminal activities.
“By imposing the obligation when they are represented in Parliament will be too late,” Magwala said.
Freedom Front Plus’s Stephanus du Toit said the ANC was using the bill to cut a larger piece of the cake and depriving the opposition an almost fair share.
He said the ANC was opening the doors to a legal battle in court.
The DA’s Rikus Badenhorst said the ANC stood to benefit from the bill with an extra R50 million going its way and the income of smaller parties being drastically reduced.
“The DA maintains that the current funding model is fair and a proper investigation into party funding be done before laws are amended,” Badenhorst said.
ANC‘s China Dodovu said the bill contained consequential amendments emanating from five pieces of legislation to provide for political party funding on an equitable and proportional basis.
“The Constitution does not prescribe a formula to be adopted. That is left to the responsibility of the legislative arm of the state.
“We are convinced as the ANC that the 90-10% allocation passes the test of proportionality and equitable allocation of funds to political parties,” Dodovu said.
When the bill was put to a vote, 28 MPs voted in favour and 12 against.
Cape Times
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