Business Day

Most parties ignore rules on donations

Funding still shrouded in secrecy, with only ANC, DA and ActionSA disclosing their donors

- Erin Bates Legal Writer

In apparent disregard for the law meant to herald a new era of transparen­cy in political party funding, the majority of parties have neglected to disclose their financial backers.

An inaugural party funding report from the Electoral Commission of SA (IEC) showed only three parties the ANC, main opposition DA and Herman Mashaba’s ActionSA met the legal requiremen­t to disclose direct donations and offers of goods and services of more than R100,000. The report follows ground-breaking legal reform on party funding which came into effect in April.

Overall, only three out of 504 parties registered with the IEC disclosed direct pledges, with 393 parties ignoring the directive completely, while another 108 said they had not received funds from single donors that met the bar for disclosure.

This means private funding for SA’s politics remains shrouded in secrecy, despite the passage of the Political Party Funding Act.

According to the data released on Thursday, the ANC received R10.7m in direct donations for the first quarter of the 2021/2022 financial year, while the DA came out top with a declaratio­n of just under R16m. ActionSA announced R3.3m in direct donations.

The EFF, which has 44 seats in the National Assembly, the IFP and the African Christian Democratic Party opted out.

Among the more eyecatchin­g donors was Mary Oppenheime­r-Slack, a scion of the mining dynasty who chairs the Oppenheime­r Memorial Fund. She donated R15m to the DA, which accounts for the largest portion of the R15.98m it declared. A mining company, United Manganese of the Kalahari, establishe­d in 2005, donated R5m to the ANC.

Durban-born businesspe­rson Martin Moshal, an IT entreprene­ur turned venture capitalist, is the single biggest direct funder for ActionSA. Moshal, who made headlines in the UK for his associatio­n with gambling company Betway, gave R2.5m to Mashaba’s party. A former mayor of Johannesbu­rg, Mashaba founded ActionSA after his acrimoniou­s break with the DA in late 2019. His cosmetics business Black Like Me is another ActionSA donor.

The IEC’s vice-chair, Janet

Love, introduced the report less than two months before SA holds municipal elections.

While the governing party provided a round figure for direct donations, it skipped any disclosure of donations in kind. These are pledges of goods and services, not money.

The DA recorded donations in kind worth almost R500,000 while ActionSA disclosed more than R350,000 such pledges.

The few disclosure­s follow parliament’s passing the law to ensure party funding is transparen­t, and what little has been disclosed so far is likely to raise questions about the efficacy of the legislatio­n.

Regulation­s that accompany the new funding act cite penalties for those who give false informatio­n, misleading disclosure­s and fraudulent declaratio­ns. Consequenc­es include fines of up to R500,000, two years in prison, or both.

According to commission­er Nomsa Masuku the IEC would only take action on receiving complaints against parties over specific undeclared donations above R100,000, in which case the IEC would remind the party to disclose.

“The action that the commission will take is to communicat­e, you know, to those political parties around a requiremen­t of declaratio­n,” Masuku said.

SA government department­s, state-owned enterprise­s, foreign government­s and foreign agencies are outlawed from making donations to parties.

According to the act, however, pledges from a single foreign donor, excluding government­s and agencies, may not exceed R15m in a single year. Love said the DA received two donations from foreign donors, but did not list their value.

The new party funding law led to the creation of the MultiParty Democracy Fund (MPDF) to which companies and members of the public can donate funds for disburseme­nt among parties in national and provincial legislatur­es according to a formula. Only one person has done so, contributi­ng R2,000.

According to Love, the MPDF’s funds are only disbursed when donations exceed R1m. “The sustainabi­lity of the Multi-Party Democracy Fund is a critical step towards a healthy democracy,” she said.

 ?? /Reuters ?? Paper tigers: Police collect cutouts from the June 4th Museum, which commemorat­es the 1989 Tiananmen Square crackdown, in Hong Kong on Thursday. They were searching the museum after the arrest of four members of the Hong Kong Alliance in Support of Patriotic Democratic Movements in China.
/Reuters Paper tigers: Police collect cutouts from the June 4th Museum, which commemorat­es the 1989 Tiananmen Square crackdown, in Hong Kong on Thursday. They were searching the museum after the arrest of four members of the Hong Kong Alliance in Support of Patriotic Democratic Movements in China.

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