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Parties Finance Act
2:11 Act No 4/2001
February 04, 2002
Financing of Political Parties
of political parties
4. Application for payment of moneys to qualifying political
5. Moneys to be paid from Consolidated Revenue Fund
of political parties TOP
(1) Subject to
this Act, every political party shall be entitled in each Parliamentary
year to receive from the State the sums of money that are payable to it
in terms of this Act.
(2) The Minister shall, as soon as is practicable and in any case no
later than 30 days after the beginning of the financial year, publish,
with the approval of the Minister responsible for finance, a notice in
the Gazette specifying the total amount of moneys appropriated
for all political parties and the amount that shall be paid to each individual
political party in terms of this Act.
(3) For the purpose of subsection (2), each political party whose
candidates received at least five per centum of the total number
of votes cast in the most recent general election shall he entitled to
the same proportion of the total moneys appropriated as the total number
of votes cast for its candidates in the election bears to the total number
of votes cast for all its candidates in that election,
Provided that, where
a candidate is declared elected in terms of section 46 or 49 of the
Electoral Act [Chapter 2:01] without a poll having taken place,
he shall be deemed to have received the votes of all the voters registered
in the constituency concerned.
amended by s. 4(b) of the General Laws Amendment Act 2002, by the substitution
of the words "to the aggregate of votes cast for all political parties
that qualify to be paid moneys in terms of this subsection" for "to
the total number of votes cast for all its candidates in that election",
with effect from 4th February 2002.]
(4) Whenever a by-election
is held after a general election, the Minister shall adjust the amounts
payable to political parties in respect of the Parliamentary year following
that in which the by-election was held, having regard to any changes in
the total number of votes cast consequent upon such by-election:
that, where a candidate is declared elected in terms of section 46
or 49 of the Electoral Act [Chapter 2.01] without a poll having
taken place, he shall be deemed to have received the votes of all the
voters registered in the constituency concerned.
the purposes of this section, no account shall be taken of votes cast
for any one or more members of Parliament who stood as independent candidates
at the general election or by-election concerned but subsequently form
or join a political party.
soon as practicable after the publication of the notice referred to in
subsection (2), the Minister shall pay each political party the moneys
it is entitled to receive in terms of this Act.
4 Application for payment of moneys to qualifying political
later than the end of the financial year in which a general election is
held, any political party that qualifies to be paid moneys in terms of
this Act shall make a written application to the Minister in such form
and providing such information as may be prescribed or as the Minister
may reasonably require.
receipt of an application in terms of subsection (1), the Minister
shall, if he is satisfied that the political party concerned qualifies
to be paid moneys in terms of this Act, notify the political party in
writing that it qualities to be paid moneys in terms of this Act, and
if he is not so satisfied, he shall reject the application and forthwith
notify the political party giving the reasons for his decision.
political party which is aggrieved by a decision of the Minister in terms
of subsection (2) shall have a right of appeal to the High Court
from that decision.
an appeal in terms of subsection (3), the High Court may confirm,
vary or reverse the decision of the Minister.
appeal shall lie to the Supreme Court from any decision of the High Court.
of subsections (4) and (5) corrected by s. 4(c) of the General Laws Amendment
Act 2002, with effect from 4th February 2002. There was no change in the
5 Moneys to be paid from Consolidated Revenue Fund
moneys that are to be paid to political parties in terms of this Act shall
be paid out of moneys appropriated for the purpose by an Act of Parliament
in respect of each Parliamentary year.
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