WESTERN CAPE – ActionSA has announced its intention to introduce the Lobbying Transparency Bill, a Private Member’s Bill designed to establish South Africa’s first comprehensive statutory framework regulating professional lobbying. ActionSA Member of Parliament Athol Trollip stated that the legislation aims to enforce greater ethics and transparency in the country’s democratic and executive decision-making processes.
According to Trollip, this marks the second transparency-focused Private Member’s Bill tabled by the party in Parliament, following the Election Transparency Bill, which sought to regulate how pollsters interpret data prior to elections. He emphasized that the new lobbying bill is not solely a reaction to recent revelations by former Democratic Alliance leader John Steenhuisen regarding Resolve Communications. Instead, it addresses a 30-year pattern of opaque decision-making in South Africa, where the true influencers behind major policies have remained unidentified.
Trollip cited historical examples of opaque influence, including the arms deal, state capture, Digital Vibes, and Resolve Communications. He specifically highlighted the role of Chancellor House, describing it as a lobbying entity for the African National Congress (ANC) that has benefited significantly from major infrastructure projects such as the Kusile and Medupi power stations.
To address these governance gaps, the Lobbying Transparency Bill proposes several key regulatory mechanisms:
Mandatory Public Register: A public register will be established for all professional lobbyists who operate for remuneration on behalf of companies.
Engagement Transparency: Full transparency will be required around all engagements between lobbyists and individuals in decision-making positions, including Members of Parliament (MPs), Members of Provincial Legislatures (MPLs), executive councilors, premiers, Members of the Executive Council (MECs), and ministers.
Mandatory Recording and Reporting: Government departments will be required to record meetings with lobbyists and report on them regularly to ensure ongoing accountability.
Cooling-Off Period: A mandatory cooling-off period of one to two years will prevent former officials, such as ministers or MECs, from lobbying the specific government departments they previously served.
To ensure compliance without creating a new bureaucratic layer, the bill proposes leveraging existing independent oversight institutions, such as the Public Protector, to monitor and enforce these transparency measures.
Addressing concerns about grassroots advocacy, Trollip clarified that the bill expressly excludes and does not hinder public interest lobbying. He noted that the legislation specifically targets lobbying for remuneration and corporate interests, rather than communities or individuals approaching government officials to resolve genuine matters of concern. The proposed legislation will include tight specifications to distinguish between authentic public interest advocacy and corporate interests masquerading as public interest fronts, a practice noted as particularly prevalent in the energy and mining sectors.
