| (a) |
Every political party is entitled to be allocated moneys from the Fund for any financial year that it is represented— |
| (i) |
in the National Assembly; or |
| (ii) |
in any provincial legislature; or |
| (iii) |
both in the National Assembly and any provincial legislature. |
| (b) |
Subject to subsection (3), the moneys so allocated to a political party may be used for any purposes compatible with its functioning as a political party in a modem democracy. These purposes include, amongst others— |
| (i) |
the development of the political will of people; |
| (ii) |
bringing the political party’s influence to bear on the shaping of public opinion; |
| (iii) |
inspiring and furthering political education; |
| (iv) |
promoting active participation by individual citizens in political life; |
| (v) |
exercising an influence on political trends; and |
| (vi) |
ensuring continuous, vital links between the people and organs of state. |
| (c) |
Allocations from the Fund to political parties will be made at the times or intervals and in the installments that will be prescribed. |
| (a) |
Allocations from the Fund must be made and paid to each of the political parties concerned in accordance with a prescribed formula based— |
| (i) |
in part, on the principle of proportionality, taking into account, amongst others— |
| (aa) |
the relation that the number of such a party’s representatives in the National Assembly bears to the membership of the National Assembly; or |
| (bb) |
the relation that the number of such a party’s representatives in any provincial legislature bears to the sum of the memberships of all the provincial legislatures jointly; or |
| (cc) |
the relation that the number of such a party’s representatives in all the legislative bodies contemplated in subsection (1)(a), jointly bears to the sum of the memberships of all those legislative bodies jointly; and |
| (ii ) |
in part, on the principle of equity, taking into account, amongst others— |
| (aa) |
a fixed threshold for a minimum allocation to each of the political parties represented— |
| (aaa) |
in the National Assembly; or |
| (bbb) |
in any provincial legislature; or |
| (ccc) |
both in the National Assembly and |
| (b) |
The information and particulars necessary for applying the prescribed formula to any party, must be ascertained from the relevant facts and circumstances as at the time when the allocation is to be made. |
| (3) |
Moneys allocated to a political Party from the Fund may not be used— |
| (a) |
for the purpose of directly or indirectly paying any remuneration, fee, reward, perquisite or other benefit to any person representing the party in the National Assembly, National Council of Provinces, any provincial legislature or any local authority, or who holds any other office of profit under the State, whether on the national, provincial or local sphere of government; |
| (b) |
with a view to financing or contributing to any matter, cause, event or occasion, whether directly or indirectly, in contravention of any code of ethics binding on the members of Parliament or of any provincial legislature. as the case may be; |
| (c) |
directly or indirectly for the purpose of establishing any business or acquiring or maintaining any right or financial interest whatsoever in any business, or in an immovable property, except where the right or interest in the immovable property is to be used by the party solely for ordinary party-political purposes; and |
| (d) |
for any other purpose that is incompatible with a political party’s functioning in a modem democracy, as may be prescribed. |
| (4) |
The allocation of moneys from the Fund to a political party will end when the party ceases to qualify for it in terms of subsection (1)(a). A political party must within 21 days after the date on which a political party has so ceased to qualify, it must repay the unspent balances, as at that date, of all moneys that had been allocated to it in terms of this section. |
[Section 5(4) substituted by General Laws Amendment Act, 2008, by section 1 of Notice No. 20, GG31787, dated 9 January 2009]
National Sport and Recreation Act, 1998
