Political Party Funding Act, 2018 (Act No. 6 of 2018)Chapter 5 : Enforcement17. Power to recover money irregularly accept or spent |
| (1) | A political party, independent representatives and independent candidate is liable to pay to the Commission any money that is— |
Words preceding section 17(1)(a) substituted by section 23(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]
| (a) | accepted in contravention of sections 8, 9(1), 10 or 10A; or |
| (b) | spent in contravention of section 7. |
Section 17(1)(a) substituted by section 23(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]
| (2) | The Commission must recover any money contemplated in subsection (1) by— |
| (a) | instituting a civil claim; or |
| (b) | setting off the liability against any amount to be allocated to a represented political party or independent representative from the Funds. |
Section 17(2)(b) substituted by section 23(c) 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]
| (3) | Any money paid in terms of subsection (1) or recovered in terms of subsection (2)(a) must be credited to the Funds. |
| (4) | A represented political party or independent representative contemplated in subsection (1) may not share in any allocation of the paid back or recovered money. |
Section 17(4) substituted by section 23(d) 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]