National Environmental Management Act, 1998 (107 of 1998)
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsNational and Provincial Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2024Reasons Document - February 2024Analysis3.1 Definitions |
The submissions herein provide stakeholders’ inputs on the Draft National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 20233 and the Authority’s decisions thereof.
| 3.1.1 | Mutsindo Community Media Trust (“MCMT”) proposes that the definition of “party election broadcasts” be revised to read “political election broadcast” in order to cater for independent candidates.4 |
| 3.1.2 | CAP suggests that the Authority reconsiders the use of Party Election Broadcasts (PEB), as it is of the view that the definition is limited to political parties and excludes independent candidates. CAP further suggests that it might be a good idea to reformulate the term to be inclusive of all types of candidates. As a result, CAP proposes that the Authority consider a generic term such as Candidate Election Broadcasts that would be more inclusive and could always be amended in line with the type of elections either municipal or national, whenever applicable.5 |
The Authority’s decision
| 3.1.3 | The Authority supports the proposed amendment and is of the view that the proposed definition of “political election broadcasts” is inclusive, and in line with the purports of the Constitutional Court judgement. |
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| 3 | The Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2023, published in Government Gazette 49406, of 4 October 2023. |
| 4 | Mutsindo Community Media Trust submission on Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 16 November 2023, page 1. |
| 5 | Consumer Advisory Panel submission on CAP Comments on the “Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014”, 17 November 2023, page 05. |
