Political Party Funding Act, 2018 (Act No. 6 of 2018)Chapter 1 : Interpretation1. Definitions |
In this Act, unless the context indicates otherwise—
means the Banks Act, 1990 (Act No. 94 of 1990);
[Definition inserted by section 3(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]
means the person appointed in terms of section 21(2);
means the Electoral Commission established by section 3(1) of the Electoral Commission Act;
means the Constitution of the Republic of South Africa, 1996;
| (a) | includes a donation in kind; but |
| (b) | does not include— |
| (i) | a membership fee of a political party or any levy imposed by the party on its elected representatives; or |
| (ii) | any funds provided to a political party, or an independent representative by the National Assembly and provincial legislatures respectively in terms of sections 57(2)(c) and 116(2)(c) of the Constitution; |
[Definition substituted by section 3(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]
| (a) | includes— |
| (i) | any money lent to a political party, independent representative or independent candidate other than on commercial terms; |
| (ii) | any money paid on behalf of a political party, independent representative or independent candidate for any expenses incurred directly or indirectly by that political party, independent representative or independent candidate; |
| (iii) | the provision of assets, services or facilities for the use or benefit of a political party, independent representative or independent candidate other than on commercial terms; or |
| (iv) | a sponsorship provided to a political party, independent representative or independent candidate; but |
| (b) | does not include services rendered personally by a volunteer; |
[Definition substituted by section 3(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]
means the Electoral Commission Act, 1996 (Act No. 51 of 1996);
means an accounting period of a year that ends on 31 March each year;
means any person or entity other than a—
| (a) | citizen or permanent resident of the Republic; |
| (b) | company registered in terms of the Companies Act, 2008 (Act No. 71 of 2008); or |
| (c) | trust registered in terms of the Trust Property Control Act, 1988 (Act No. 57 of 1988); |
mean the Multi-Party Democracy Fund and the Political Representative Fund;
[Definition substituted by section 3(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]
means a South African citizen contesting an election and who is not nominated on a list of a party;
[Definition inserted by section 3(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]
means an independent candidate with representation in the national or a provincial legislature; and
[Definition inserted by section 3(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]
means the Multi-Party Democracy Fund established in terms of section 3(1);
includes any entity that accepts donations principally to support or oppose any registered political party or its candidates, in an election as defined in section 1 of the Electoral Act, 1998 (Act No. 73 of 1998);
means the Political Representatives Fund established in terms of section 2(1); and
[Definition substituted by section 3(e) 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]
means prescribed by regulations made under section 24;
means a political party with representation in the national or provincial legislatures;
includes regulations made under section 24.