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Political
Parties Finance Act
Cap
2:11 Act No 4/2001
February 04, 2002
Contents
PART
III
Donations
to Political Parties, Members and Candidates
6.
Prohibition of foreign funding
7. Solicitation of donations by foreigners prohibited
6 Prohibition
of foreign funding TOP
(1) No
political party, member of a political party or candidate shall accept
any foreign donation, whether directly from the donor or indirectly through
a third person.
(2) For
the purposes of subsection (1), any donation accepted by a member
of a political parts’ shall be deemed to have been accepted by the political
party, unless the member wilfully fails to disclose such donation to the
political party, in which case the member shall be liable for any contravention
of subsection (1).
(3) Subject
to subsection (4), any political party which or member of a political
party or candidate who contravenes subsection (1) shall be guilty
of an offence and liable to a fine—
(a) equivalent
to the market value of the donation; or
(b) $100,000;
whichever
is the greater amount.
(4) A
political party, member of a political party or candidate shall be deemed
not to have accepted a donation in contravention of subsection (1)
if, within 30 days of receiving the donation, the party, member or candidate
returns the donation to the donor.
(5) The
value of a monetary donation made in foreign currency shall, for the purposes
of this section, be calculated by reference to the rate of exchange of
that currency to the Zimbabwe dollar prevailing on the date when the donation
is received.
(6) In
addition to any punishment it may impose under subsection (3) and
without derogation from its powers under any enactment, a court convicting
a person of contravening subsection (1) shall declare forfeited to
the State any foreign donation, whether consisting of an article or money
or both, which forms the subject-matter of the offence.
(7) The
proviso to subsection (1) and subsections (3), (4), (5) and
(6) of section 62 of the Criminal Procedure and Evidence Act chapter 9:071
shall apply, mutatis mutandis, in relation to a declaration in
terms of subsection (6).
(8) On
the conviction of a person for an offence in terms of this section the
court convicting the accused may, on the application of the prosecutor
and in addition to any penalty which it may impose, give summary judgement
in favour of the State for any amount of the foreign donation not forfeited
in terms of subsection (6).
[Subsection
(8) repealed by s. 4(d) of the General Laws Amendment Act 2002, with effect
from 4th February 2002.]
(9) A
judgement given by a court in terms of subsection (8) shall have
the same force and effect and may be executed in the same manner as if
the judgement had been given in a civil action instituted in the court.
[Subsection
(9) repealed by s. 4(d) of the General Laws Amendment Act 2002, with effect
from 4th February 2002.]
7 Solicitation
of donations by foreigners prohibited TOP
(1) No
person who is a citizen of a foreign country domiciled in a country other
than Zimbabwe shall, within Zimbabwe, solicit donations from the public
on behalf of any political party or candidate.
(2) Any
person who contravenes subsection (1) shall be guilty of an offence
and liable to
a fine—
(a) equivalent
to the market value of the donations collected by that person; or
(b) $100,000;
whichever
is the greater amount, or to imprisonment for a period not exceeding five
years, or both.
(3) Subsections (6),
(7), (8) and (9) of section 6 shall apply in relation to an offence
in terms of this section.
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