10 Mar 2019

There has been no compliance by Members of Parliament with the requirements of Sections 80 to 89 of the Electoral Act.

Minister for Presidential Affairs, Governance and Public Administration, Mr Nonofo Molefhi said the provision imposed a legal duty on every candidate to an election to render to the returning officer a return 90 days after declaration of the result of an election.

“Section 75 of the constitution does not make it a criminal offence for members who have not complied with Section 87 (3) of the Electoral Act to sit or vote in the National Assembly,” said Mr  Molefhi.

“The reason being that criminal offences are prosecuted by the director of Public Prosecution whereas Section 75 of the constitution imposes a penalty recoverable by the Attorney General,” he said.

Ramotswa MP, Mr Samuel Rantuana had wanted the minister to explain the number of Members of Parliament who have complied with Sections 80 to 89 of the Electoral Act, and whether their compliance with the stated sections was mandatory or discretionary.

Mr Rantuana also wanted to know if Section 75 of the constitution made it a criminal offence for members who have not complied with Section 87, Subsection 3 of the Electoral Act to sit or vote in the National Assembly.

Furthermore, he asked what steps had been taken to ensure that no Member of Parliament had violated Section 75 of the constitution. ENDS