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Political Parties Finance Act
Cap 2:11 Act No 4/2001
February 04, 2002

Contents

PART II

State Financing of Political Parties

3. Financing of political parties
4. Application for payment of moneys to qualifying political parties
5. Moneys to be paid from Consolidated Revenue Fund

 

3 Financing 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.

[Subsection (3) 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:

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.

(5) For 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.

(6) As 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 parties
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(1) Not 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.

(2) On 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.

(3) A 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.

(4) 0n an appeal in terms of subsection (3), the High Court may confirm, vary or reverse the decision of the Minister.

(5) An appeal shall lie to the Supreme Court from any decision of the High Court.

[Numbering 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 wording.]


5 Moneys to be paid from Consolidated Revenue Fund
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All 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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