Political Party Funding Act, 2018 (Act No. 6 of 2018)Chapter 1 : Interpretation1. Definitions |
In this Act, unless the context indicates otherwise—
"chief executive officer"
means the person appointed in terms of section 21(2);
"Commission"
means the Electoral Commission established by section 3(1) of the Electoral Commission Act;
"Constitution"
means the Constitution of the Republic of South Africa, 1996;
"donation"—
(a) | includes a donation in kind; but |
(b) | does not include— |
(i) | a membership fee of the political party or any levy imposed by the party on its elected representatives; or |
(ii) | any funds provided to the political party by the National Assembly and provincial legislatures respectively in terms of sections 57(2)(c) and 116(2)(c) of the Constitution; |
"donation in kind"—
(a) | includes— |
(i) | any money lent to the political party other than on commercial terms; |
(ii) | any money paid on behalf of the political party for any expenses incurred directly or indirectly by that political party; |
(iii) | the provision of assets, services or facilities for the use or benefit of a political party other than on commercial terms; or |
(iv) | a sponsorship provided to the political party; but |
(b) | does not include services rendered personally by a volunteer; |
"Electoral Commission Act"
means the Electoral Commission Act, 1996 (Act No. 51 of 1996);
"financial year"
means an accounting period of a year that ends on 31 March each year;
"foreign person"
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); |
"Funds"
mean the Multi-Party Democracy Fund and the Represented Political Party Fund;
"Multi-Party Democracy Fund"
means the Multi-Party Democracy Fund established in terms of section 3(1);
"political party"
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);
"prescribe"
means prescribed by regulations made under section 24;
"represented political party"
means a political party with representation in the national or provincial legislatures;
"Represented Political Party Fund"
means the Represented Political Party Fund established in terms of section 2(1); and
"this Act"
includes regulations made under section 24.