No compliance of election returns
10 Apr 2018
Minister for Presidential Affairs, Governance and Administration Mr Nonofo Molefhi says in terms of Section 81 of the Electoral Act election expenses of a candidate are capped at P50 000.
Answering a question in Parliament on Monday from the MP for Selebi Phikwe West, Mr Dithapelo Keorapetse, the minister said ‘Section 87 (1) of the Act allows a period of three months after elections for submission of election returns to the returning officer.”
“Section 87 (6) of the Act empowers the returning officer to report defaulting candidates to the Attorney General,” he said.
He however said in an endeavour to facilitate implementation of the Act, the IEC developed a form to facilitate submission of election returns as required by the Act.
“However, there is a challenge of tracking compliance, since the law makes no provision for a feedback mechanism,” he said.
Furthermore, Minister Molefhi said "IEC does not have proof of any submission of election expenses returns by candidates, including Members of Parliament. This is due to the absence of feedback mechanism to IEC by the retuning officers."
He told the House that the law might be considered inadequate in ensuring compliance by candidates and acknowledged the proposal by MP to amend the law.
That notwithstanding, he said government had previously considered introduction of political party funding, but due to budgetary constraints, it could not be implemented.
In the event however, he noted consideration was made to introduce the above changes, extensive benchmarking with relevant countries would be done to ensure compliance, transparency, accountability and enforcement as stated, he said.
Mr Keorapetse had wanted the minister to explain whether or not the IEC was aware of the provisions of the Electoral Act on election spending by candidates for elections and if so, to state exactly the position of the law.
MP Keorapetse also wanted the minister to state how the IEC had implemented or enforced that law and if not why and if any MP has complied with the provision on campaign spending in accordance with the law and if not, why?
The minister was also to say if he does not consider the law unenforceable or obsolete or unreasonable and if so, why not amend it.
MP Keorapetse also enquired if there was any intention by government to introduce public political parties and campaign financing and regulation of private funding in a manner that would enable full compliance, transparency, accountability and enforceability. ENDS
Source : BOPA
Author : BOPA
Location : GABORONE
Event : Parliament
Date : 10 Apr 2018




