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:    7 September 2005

___________________________________________________________

 

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

 

 

  1. Part 5: Other General Provisions is amended by the insertion of a new section:

 

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.

 

 

  1. Amendment of Section 97, Offences, to include the above prohibition as an offence.

 

 

  1. Amendment of Section 98, Penalties, to stipulate under 98(b) that any person convicted of an offence is liable to a fine or imprisonment for a period not exceeding 5 years.

 

 

  1. Short Title and Commencement – The Act is called the Electoral Amendment Act, 2005, and comes into operation on a date that will be determined by the President by proclamation in the Gazette.

 

 

 

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:                _________________