THE NGO NETWORK ALLIANCE PROJECT - an online community for Zimbabwean activists  
†View archive by sector
 
 
    HOME THE PROJECT DIRECTORYJOINARCHIVESEARCH E:ACTIVISMBLOGSMSFREEDOM FONELINKS CONTACT US
 

 


Back to Index

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 partsí 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 fineó

(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 fineó

(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.

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP