Political Party Funding Act, 2018 (Act No. 6 of 2018)

Chapter 5 : Enforcement

14. Commission's monitoring and inspection powers

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(1) The Commission must monitor compliance by political parties, independent representatives and independent candidates with this Act by, subject to subsection (2), evaluating the information and documentation provided by any person in terms of this Act.

Section 14(1) substituted by section 20(a) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]

 

 

(2) In order to monitor compliance with this Act or investigate a complaint, the Commission may request any person—
(a) to disclose any relevant information;
(b) to produce, in whatever form, any relevant books, records, reports and other documentation;
(c) for permission to—
(i) enter any premises during ordinary working hours to inspect any relevant book, record, report and other document; or
(ii) copy or store in any format, any information, books, records, reports or other documentation produced in terms of paragraph (b) or discovered in terms of paragraph (c)(i); or
(d) to answer a question about any relevant information.

 

(3) If any person refuses or fails to comply with a request contemplated in subsection (2), the Commission may apply to the Electoral Court for an order to compel compliance with that subsection.

 

(4) If a complaint relating to the income or expenditure of a political party, independent representative or independent candidate is lodged with the Commission, it must, if the chief executive officer is of the view that there is prima facie substance to the complaint, investigate the complaint.

Section 14(4) substituted by section 20(b) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]