---
title: "Unregulated and unchecked — why SA needs to tame its lobbying Wild West"
description: "Lobbying is an inevitable part of democratic policy-making, but South Africa’s lack of oversight leaves room for abuse. It’s time to establish clear regulations and mandatory disclosure. No system is flawless, but here’s how it’s regulated in the US."
type: "NewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "THE PERSUADERS"
author: "J Brooks Spector"
author_url: "https://www.dailymaverick.co.za/author/jbrooksspector/"
canonical_url: "https://www.dailymaverick.co.za/article/2026-07-24-unregulated-and-unchecked-why-sa-needs-to-tame-its-lobbying-wild-west-1/"
published: "2026-07-24T09:49:49"
updated: "2026-07-24T09:49:53"
lang: "en-ZA"
word_count: 1182
---

# Unregulated and unchecked — why SA needs to tame its lobbying Wild West

> Lobbying is an inevitable part of democratic policy-making, but South Africa’s lack of oversight leaves room for abuse. It’s time to establish clear regulations and mandatory disclosure. No system is flawless, but here’s how it’s regulated in the US.

By J Brooks Spector · Published 24 July 2026, 11:49 SAST · Updated 24 July 2026, 11:49 SAST

## Key points
- Urgent Reform Needed: South Africa’s unregulated lobbying environment poses significant risks for policy-making, necessitating robust regulations and disclosure requirements.
- Global Context: Many democracies have established frameworks for lobbying; South Africa lags behind, which could compromise democratic processes and accountability.
- Equivalence with Best Practices: Advocates call for a legal framework similar to that of the US, where lobbyists are required to register and report activities to ensure transparency.
- Preventing Abuse: Without oversight, unethical lobbyists risk blurring lines between advocacy and corruption, calling for immediate action to protect democratic integrity.

## Content

![Image](https://cdn.dailymaverick.co.za/i/3tU4oK7Z2AC7ZB6o3oQ1aUlWuEU=/200x100/smart/filters:strip_exif\(\)/file/dailymaverick/wp-content/uploads/2025/10/label-analysis-2.jpg)

The recent discussion about the[role of lobbying organisations](https://www.dailymaverick.co.za/article/2026-07-15-unpacking-the-defences-and-deflections-around-the-resolve-communications-controversy/) such as Resolve in South Africa points to the need for clarity about the roles and responsibilities of lobbyists. It highlights the fact that there are no specific regulations or restrictions on lobbying firms or lobbyists.

Rather than allowing a Wild West environment, South Africa should adopt international best practices to regulate, restrict and track lobbying beyond standard criminal laws like bribery.

[Read more

EXCLUSIVE: The DA MP, Tony Leon’s lobbying firm and the SIM card law

July 12, 2026 ![Image](https://cdn.dailymaverick.co.za/i/qQxZW-3yJnlSUZaKA7niI9krfJ8=/450x0/smart/file/attachments/orphans/rebecca_resolve_784731.jpg)](https://www.dailymaverick.co.za/article/2026-07-12-exclusive-the-da-mp-tony-leons-lobbying-firm-and-the-sim-card-law/)

Let’s look at how lobbying works in practice in the US. A longtime friend of mine started as a university political science lecturer, became a congressional staffer, and eventually transitioned into lobbying. In doing so, he followed a well-travelled path: former staffers and legislators leveraging their insider experience to represent private interests before their old employers.

There is an obvious logic to the actions of lobbyists. In the US, there is an actual constitutional basis for it in the First Amendment to the Constitution. Besides protecting free speech and the press, prohibiting a state religion, and guaranteeing the right of assembly, it also includes the right “to petition the Government for a redress of grievances”.

In tandem with free speech, that becomes the foundation for the right of individuals or groups to engage in what we call lobbying. One key assumption is the understanding that there will be disagreements over government policy. Competing interests have the right to argue their respective cases to legislators or regulators as they make laws and regulations. Often, there may be public outreach to citizens to encourage legislators to embrace public attitudes on issues.

This concept is shared across many developed democracies, where lobbying has become a central feature of the political landscape.

According to [Statistica](https://www.statista.com/chart/36006/timeline-of-countries-that-have-adopted-regulatory-frameworks-on-lobbying-activities-1989-2025/?srsltid=AfmBOoqKM7Let8yCgnER_S8YXD1uT7XA-mg-Qt6tmP2EHpx2uz6cnLca), “While lobbying regulation varies widely across countries, a growing number of governments have introduced rules to increase transparency around influence on policymaking over the past two decades, as data from the OECD’s Anti-Corruption and Integrity Outlook 2026 shows. In most cases, these frameworks are enshrined in primary legislation, establishing mandatory registers and disclosure requirements for lobbyists.”

### **Level playing field**

Ideally, lobbying regulations should aim to ensure a level playing field for all actors to participate in the decision-making process on an equal footing.

Lobbying persists because governments have a monopoly power over the laws, rules, regulations and decisions that affect citizens and groups. Groups hope to achieve favourable laws and policies from the government.

Realistically, the larger or more influential a group is, the more likely they are to have an impact on government decisions. As one well-known example, the [American Association of Retired Persons](https://en.wikipedia.org/wiki/AARP), with its 38 million dues-paying members, is energetic and often successful in efforts such as protecting Social Security pensions and Medicare programmes.

Lobbyists shape policy mainly through direct meetings with legislators, using research and data to pitch their positions. Beyond face-to-face advocacy, they routinely draft legislative proposals and deliver expert testimony before legislative committees.

The role of money cannot be ignored, although it plays a far bigger part in campaign financing than in direct lobbying. Political campaigns are expensive, and groups can make contributions either to a candidate’s campaign war chest or to “super PACs”— political action committees that ostensibly do not support a specific candidate, but advocate a position supported by a candidate, such as firearms regulation.

While contributions to actual candidates’ campaign funds are well-regulated and follow strict limits, the torrent of funds coming via the super-PAC window is far less regulated and is a topic of real concern, especially in the wake of the *[Citizens United v Federal Election Commission](https://www.brennancenter.org/our-work/research-reports/citizens-united-explained)* Supreme Court decision that eerily equated money and free speech.

(It is important to note the usual point of campaign contributions is to support candidates for election or re-election whose views already align with donors. With the US upcoming mid-term election, we will examine this in a future article.)

### **Legal framework**

In the US landscape — as in various other nations — there is a legal framework of registration, regulation and reporting by lobbyists. As an industry, it is estimated that something on the order of $9-billion is spent annually on lobbying efforts in that nation.

US guidelines for lobbyists are specified in the[Lobbying Disclosure Act of 1995](https://lobbyingdisclosure.house.gov/lda.html). Transparency and disclosure requirements also mean there is a large body of data available for analyses — by journalists, the public, and rival lobbying efforts.

People paid to lobby must register with the secretary of the Senate and the clerk of the House of Representatives. Individual states and municipalities also are increasingly moving towards greater disclosure and transparency regarding lobbying activities. Failing to file a quarterly report, knowingly filing an incorrect report, or failing to correct an incorrect report can lead to fines up to $200,000 and imprisonment up to five years. Lobbyists working on behalf of foreign entities or nations have further requirements for registration and documentation.

And here is where my friend’s experiences help illuminate things. I once asked him what clients he represented, and he mentioned groups like associations of payday cheque-cashing and lending agencies. These people are often seen as less than solid citizens, but he reminded me that everyone had the right to petition their legislators. (He smiled and added that because they were so maligned they felt they needed representation — and they paid their bills promptly.)

Back in the 1990s, he represented Romania in its bid to join Nato after the collapse of the Soviet empire. There was opposition by some in Congress over the challenges from expanding the membership of Nato (and thus theoretically extending a promise of protection to Romania from potential Russian pressures). Because Nato is a treaty, Congress had significant say in the matter.

Given my friend’s knowledge of Congress and his understanding of foreign policy, he was a good, low-key, but knowledgeable representative and, ultimately, Romania’s bid was approved. To do this, my friend had to register with the US government as an “agent of a foreign power”.

### SA deserves better

Unfortunately, in South Africa, there is little regulation, registration, or reporting by lobbyists. The field is also open to less ethical practitioners — and, potentially, even a blurring between legitimate efforts to advocate on behalf of clients and making illicit payments or favours to rule-makers and legislators in lobbyists’ pursuit of outcomes.

[Read more

Unpacking the defences and deflections around the Resolve Communications controversy

July 15, 2026 ![Image](https://cdn.dailymaverick.co.za/i/5bkIXMqxLbP2ee1WhNdr0dhv4Ps=/450x0/smart/file/attachments/orphans/Becs_Lobbying_139819.jpg)](https://www.dailymaverick.co.za/article/2026-07-15-unpacking-the-defences-and-deflections-around-the-resolve-communications-controversy/)

Of course, no system is flawless, even if it draws on best practices from the EU, Canada and elsewhere. In the US, from time to time, unscrupulous lobbyists engaging in unethical behaviour or outright bribery are fined or sentenced to prison terms, such as [Tongsun Park](https://en.wikipedia.org/wiki/Tongsun_Park) and [Jack Abramoff](https://en.wikipedia.org/wiki/Jack_Abramoff). But probably, some are not caught.

Still, in the face of the discussions over Resolve (and thus other lobbyists operating in this country), South Africa deserves better than being the Wild West where foreign governments, domestic interest groups, and other more shadowy influence peddlers have free rein to influence government decision-making. **DM**