Call for comment: Amendment to the Promotion of Access to Information Act
The Portfolio Committee on Justice and Correctional Services has called for comment on the Promotion of Access to Information Amendment Draft Bill, 2019 (the Bill).
The Bill seeks to amend the Promotion of Access to Information Act 2 of 2000 (PAIA) to provide for information on the private funding of political parties and independent candidates to be recorded, preserved and made available. This follows the judgment of the Constitutional Court in My Vote Counts NPC v Minister of Justice and Correctional Services and Another [2018] ZACC 17, which declared PAIA invalid to the extent of its inconsistency with the Constitution by failing to provide for the recordal, preservation and reasonable disclosure of information on the private funding of political parties and independent candidates. The Bill will address the judgment of the Constitutional Court by inserting a new Chapter 2A in PAIA: Publication and availability of certain records of political parties”.
As set out in the background and objects to the Bill:
The Bill gives an obligation to the accounting officer of a political party (which is defined to include an independent candidate) 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 available on social media platforms on a quarterly basis. Furthermore, the Bill requires that the records be updated and be made available on social media platforms of the political party concerned two months before the election of the National Assembly or provincial legislature; municipal elections; or a referendum. The records must be kept for a period of at least five years after the records concerned have been created.
Comments should be emailed to Mr S. Mthonjeni at [email protected] by Saturday, 31 August 2019 at 16h30.
The Bill is accessible (via the Parliamentary Monitoring Group) here.
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].
