31 July 2019
Comment is sought on a draft committee bill designed to amend the Promotion of Access to Information Act to facilitate the availability of information on private funding for political parties.
Parliament published the Draft Promotion of Access to Information Amendment Bill in Government Gazette 42604.
The proposed legislation has been drawn up by the portfolio committee on justice and correctional services.
The draft bill aims to:
• amend the Promotion of Access to Information Act, 2000, so as to provide for information on the private funding of political parties and independent candidates to be recorded, preserved and made available; and
• provide for matters connected therewith.
A new chapter 2A is proposed focused on the publication and availability of certain records of political parties.
Political parties (including independent candidates) will be expected to create and keep records of any money paid or donated by persons or entities to a political party which is more than R100 000; any money lent to the political party; any money paid on behalf of a political party; assets, services or facilities provided to a political party; and any sponsorships provided to a political party. The records must be kept for at least five years after they have been created.
The records will need to be made available on a quarterly basis on the social media platforms of the political parties concerned.
The draft legislation flows from a Constitutional Court decision in 2018 that declared the act invalid as it did not provide for recording, preserving and making information available about private funding of political parties and independent candidates.
Parliament was ordered to make the necessary amendments.
Comment is invited until 31 August 2019.