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

Chapter 5 : Enforcement

19. Offences and penalties

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(1) Any person commits an offence who contravenes—
(a) sections 8, 9(1) or 9(2); or
(b) sections 12(1), 12(2), 12(4), 12(5), 12A(1), 12A(3), 12A(4), 12A(5)(a), 12A(5)(c) or 13(2).

[Section 19(1)(a)(b) substituted by section 24(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) Any person convicted of any offence referred to in—
(a) subsection (1)(a), may be sentenced to a fine or to imprisonment for a period not exceeding 5 years or both; or
(b) subsection (1)(b), may be sentenced to a fine or to imprisonment for a period not exceeding two years or both.

 

(3) Any person who makes a donation to a political party, a member of a political party, an independent candidate or an independent representative in the expectation that the party, member, independent representative or candidate concerned will influence the awarding of a tender, licence, approval, consent or permission, or the relaxation of a condition or restriction in relation thereto, in the said person’s favour, commits an offence and may be sentenced to a fine as prescribed or to imprisonment for a period not exceeding five years or both.

[Section 19(3) inserted by section 24(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]

 

(4) Any person who makes a donation—
(a) to a member of a political party, instead of the political party concerned; or
(b) to an independent representative or independent candidate, to circumvent the provisions of Chapter 3, commits an offence and may be sentenced to a prescribed fine or to imprisonment for a period not exceeding five years or both.

[Section 19(4) inserted by section 24(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]

 

(5) Any member of a political party who—
(a) accepts a donation instead of his or her political party to circumvent the provisions of Chapter 3; or
(b) appropriates for himself or herself a donation intended to be made to his or her political party, commits an offence and may be sentenced to a fine as prescribed or to imprisonment for a period not exceeding five years or both

[Section 19(5) inserted by section 24(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]