Acts Online
GT Shield

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

Chapter 1 : Interpretation

1. 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.