ELECTORAL
ACT
AMENDMENT
BILL
Private
Member’s Bill
Submitted in terms of Section 73 (2),
Read with Section 76 (1) of the
Constitution
MEMORANDUM
To: The Honourable Baleka
Mbete MP
Speaker of the National
Assembly
From: Gareth Morgan MP
Date:
___________________________________________________________
Notice is hereby
given of the introduction of a Private Member’s Bill in terms of Section 73 (2)
read with Section 76 (1) of the Constitution. In terms of Rule 234 (read with
rule 230 (1)), a member must submit to the Speaker a memorandum which:
(A)
sets out particulars of the proposed
legislation;
(B)
explains the objectives of the
proposed legislation;
(C)
states whether the proposed
legislation will have financial implications for the State and, if so, whether
those implications may be a determining factor when the proposed legislation is
considered.
The Honourable
Speaker is requested to deal with this Bill in terms of Section 235 of the
National Assembly Rules.
A. PARTICULARS OF PROPOSED LEGISLATION
Electoral Amendment Bill
To amend the Electoral Act No. 73 of 1998 to prohibit government
advertising from the date on which an election is called to the date the result
of the election is determined; and to provide for matters connected therewith
or incidental thereto.
1. Insertion of new section entitled “Prohibition of Government
Advertising” under Part 5: Other General
Provisions
2. Amendment of Section 97 to
include the new prohibition as an offence.
3. Amendment of Section 98(b)
to stipulate the penalty carried by the offence.
4. Short title to be appropriately amended
Prohibition
of government advertising (1) (a) This
section is applicable only from the date on which an election is called to
the date the result of the election is determined and declared in terms of
section 57.
(b)
For the purpose of this section –
(i)
“government” means any department of state or administration in the national,
provincial or local sphere of government;
(ii)
“advertising” means any newspaper, book, periodical, pamphlet,
poster,
media release, billboard, mailing insert or other printed matter or statement, or any audio and video
material, or any information in electronic format such as CD-Rom, internet or
e-mail, or any display which is produced and disseminated to the public and
which is financed by, and directly under the control of government.
(2)
The government must suspend all advertising except for –
(a)
advertising relating to community health, welfare and safety issues
including environmental hazards.
(b) advertising relating to emergency measures.
(c)
advertising relating to policies and legislation that require public
comment;
(d)
factual information having clear commercial considerations
including but not limited to -
(i)
tourism promotion
(ii)
international investment and trade marketing
(iii)
tender processes
(iv)
legal processes
(v)
recruitment
(e) factual information
on how to access government services and
expertise.
B. THE OBJECTIVE OF THE PROPOSED LEGISLATION
The intended Bill has as object –
(a) the prohibition of government advertising, with limited exceptions, from
the date on which an election is called to the date the result of the election
is determined;
(b) the provision of penalties for offences registered in this regard;
(c) the prevention of any governing party from receiving an unfair advantage
through the use of government advertising;
(d) the promotion of multi-party democracy.
C. FINANCIAL IMPLICATIONS
The legislation will have no financial implications.
Submitted by:
GARETH RICHARD MORGAN
Member of the National Assembly
Signature: _________________
Date: _________________