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

Chapter 2 : Funds

6. Allocation and payment of money to represent political parties and independent representatives

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[Section 6 heading substituted by section 7 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]

 

(1) The Commission may allocate money from the Funds to represented political parties and independent representatives only.

 

(2) Any allocation from the Funds must be made to a represented political party or independent representative in accordance with the prescribed formula.

 

(3) The formula prescribed in subsection (2) must be based on—
(a) in part, an equitable allocation taking into account a weighted scale of representation for allocations to represented political parties and independent representatives; and
(b) in part, a proportional allocation taking into account—
(i) in the case of a political party, the relationship that the number of a represented political party’s representatives in the National Assembly and the provincial legislatures bears to the sum of the seats in the legislature concerned; and
(ii) in the case of an independent representative, the relationship that the independent representative’s seat bears to the sum of the seats in the National Assembly or provincial legislature concerned.

 

(4) The Commission must apply the formula prescribed in subsection (2) taking into account the number of representatives of each represented political party and each independent representative and the number of seats in the respective legislatures based on the results of the election.

 

(5) The Commission may not take into account any money carried forward in terms of section 13(1) when it determines the allocation of money to a represented political party or an independent representative.

 

(6) Any allocation of money from the Funds—
(a) to a represented political party ends when the party ceases to be a party with representation as contemplated in subsection (1); and
(b) to an independent representative ends when the independent representative vacates his or her seat in the National Assembly or provincial legislature concerned.

 

(7) The Commission must pay the allocated amounts to each of the represented political parties and independent representatives at prescribed intervals.

 

[Section 6 substituted by section 7 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]