Second Adjustments Appropriation Bill, the Electoral Matters Amendment Bill signed into law

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In signing the two Bills, President Ramaphosa said: “In a year in which voters are presented with the greatest diversity of electoral choice, the legislation that is now enacted constitutes tangible, material support for a vibrant, competitive, open and equitable electoral system and democratic culture.”

According to the Presidency, the two Bills will expand “financial resources for South Africa’s multiparty democracy, including support for independent candidates and representatives”.

“[The] Second Adjustments Appropriation Bill...provides for a net movement of R290m across functions and economic classifications in line with the requirements of the state.

“Furthermore, the Bill provides additional financial support to a number of departments and institutions, including R200m to the Department of Home Affairs for the purpose of transferring the money to the Independent Electoral Commission for the Represented Political Parties Fund,” the Presidency said.

The resources in the fund are to be provided annually from the National Revenue Fund and expected to be distributed to political parties represented in both the national and provincial legislatures.

“By providing for this funding, the Second Adjustments Appropriation Bill gives effect to the provision of Section 236 of the Constitution of the Republic of South Africa, 1996, which directs that national legislation must provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis,” the Presidency said.

Administration of funding for independents

The Electoral Matters Amendment Bill, the Presidency explained, amends the Political Party Funding Act of 2018 to provide for the regulation of the private and public funding of independent candidates and independent representatives, among other provisions.

“The Bill makes consequential amendments to the Electoral Act of 1998, the Electoral Commission Act of 1996 and other relevant legislation, which arise from the introduction of independent candidates and independent representatives in the National Assembly and provincial legislature.

“In this context, the new legislation provides for independent representatives to receive funds from the Multi-Party Democracy Fund, which is also administered by the Independent Electoral Commission.

“While the Represented Political Parties Fund is resourced by the fiscus, the Multi-Party Democracy Fund aims to raise and distribute donated funds from the private sector to represented political parties. The fund will now include independent candidates,” the Presidency said.