Political Parties Finance Act

Section

• 1. Short title.

• 2. Interpretation.

• PART II

STATE FINANCING OF POLITICAL PARTIES

• 3. Financing of political parties.

• 4. Application for payment of moneys to qualifying political parties.

• 5. Moneys to be paid from Consolidated Revenue Fund.

• PART III

DONATIONS TO POLITICAL PARTIES, MEMBERS AND CANDIDATES

• 6. Prohibition of foreign funding.

• 7. Solicitation of donations by foreigners prohibited.

• PART IV

GENERAL

• 8. Regulations.

• 9. Repeal and savings.

• 10. Transitional provision.

ACT

To provide for the financing of political parties by the State; to prohibit foreign

donations to political parties and candidates; to repeal the Political Parties (Finance)

Act [Chapter 2:04]; and to provide for matters incidental to or connected with the

foregoing.

ENACTED by the President and the Parliament of Zimbabwe.

[Date of commencement: 11th May, 2001.]

PART I

PRELIMINARY

1 Short title

This Act may be cited as the Political Parties (Finance) Act [Chapter 2:11].

2 Interpretation

In this Act-

"by-election" means an election for the purpose of filling a casual vacancy in the

membership of Parliament or a local authority;

[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the

24th January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th

February, 2002 - Editor.]

"candidate" means a person nominated for election to the office of President, or to

Parliament or a local authority, whether standing as a member of a political party or

as an independent;

[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the

24th January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th

February, 2002 - Editor.]

"donation", in relation to-

(a) a political party or candidate means any gift of money or property,

subscription or affiliation fees, and money spent otherwise than by a political party or

TITLE 2

candidate to meet any expenses incurred by the party or candidate, and includes a

loan, property or service provided to a political party or candidate otherwise than on

commercial terms or below market valuation;

(b) a member of a political party, means any donation described in

paragraph (a) which is made for the purpose of securing the election of that member

to any office in or for any purpose connected with the activities of that political party;

[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the

24th January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th

February, 2002 - Editor.]

"elected member of Parliament" means a member of Parliament referred to in

paragraph (a) of subsection (1) of section 38 of the Constitution;

[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the

24th January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th

February, 2002 - Editor.]

"foreign donation" means a donation other than a local donation;

"general election" means a general election of members of Parliament held in terms

of section 58 of the Constitution;

"local donation" means a donation by-

(a) a permanent resident or citizen of Zimbabwe domiciled in Zimbabwe;

or

(b) a company incorporated in Zimbabwe which carries on business in

Zimbabwe; or

(c) any association of persons, whether incorporated or unincorporated,

consisting exclusively of permanent residents or citizens of Zimbabwe, domiciled in

Zimbabwe;

"Minister" means the Minister of Justice, Legal and Parliamentary Affairs or any

other Minister to whom the President may from time to time assign the administration

of this Act;

"Parliamentary year" means the period beginning on the day after the last polling day

of the most recent general election and ending on the anniversary of that polling day;

or, in any year in which Parliament is dissolved, ending on the date of such

dissolution;

"political party" means an association of persons the primary object of which is to

secure the election of one or more of its members to a local authority or Parliament.

PART II

STATE FINANCING OF POLITICAL PARTIES

3 Financing of political parties

(1) Subject to this Act, every political party shall be entitled in each Parliamentary

year to receive from the State the sums of money that are payable to it in terms of this

Act.

(2) The Minister shall, as soon as is practicable, and in any case no later than thirty

days after the beginning of the financial year, publish, with the approval of the

Minister responsible for finance, a notice in the Gazette specifying the total amount of

moneys appropriated for all political parties and the amount that shall be paid to each

individual political party in terms of this Act.

(3) For the purpose of subsection (2), each political party whose candidates received

at least five per centum of the total number of votes cast in the most recent general

election shall be entitled to the same proportion of the total moneys appropriated as

the total number of votes cast for its candidates in the election bears to the aggregate

of votes cast for all political parties that qualify to be paid moneys in terms of this

subsection:

[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the

24th January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th

February, 2002 - Editor.]

Provided that, where a candidate is declared elected in terms of section 46 or 49 of

the Electoral Act [Chapter 2:01] without a poll having taken place, he shall be

deemed to have received the votes of all the voters registered in the constituency

concerned.

(4) Whenever a by-election to fill a vacancy in Parliament is held after a general

election, the Minister shall adjust the amounts payable to political parties in respect of

the Parliamentary year following that in which the by-election was held, having

regard to any changes in the total number of votes cast consequent upon such byelection:

[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the

24th January, 2003 - with retrospective effect , in terms of clause 47- from the 4th

February, 2002 -.Editor.]

Provided that, where a candidate is declared elected in terms of section 46 or 49 of

the Electoral Act [Chapter 2:01] without a poll having taken place, he shall be

deemed to have received the votes of all the voters registered in the constituency

concerned.

(5) For the purposes of this section, no account shall be taken of votes cast for any

one or more members of Parliament who stood as independent candidates at the

general election or by-election concerned but subsequently form or join a political

party.

(6) As soon as practicable after the publication of the notice referred to in subsection

(2), the Minister shall pay each political party the moneys it is entitled to receive in

terms of this Act.

4 Application for payment of moneys to qualifying political parties

(1) Not later than the end of the financial year in which a general election is held, any

political party that qualifies to be paid moneys in terms of this Act shall make a

written application to the Minister in such form and providing such information as

may be prescribed or as the Minister may reasonably require.

(2) On receipt of an application in terms of subsection (1), the Minister shall, if he is

satisfied that the political party concerned qualifies to be paid moneys in terms of this

Act, notify the political party in writing that it qualifies to be paid moneys in terms of

this Act, and if he is not so satisfied, he shall reject the application and forthwith

notify the political party giving the reasons for his decision.

(3) A political party which is aggrieved by a decision of the Minister in terms of

subsection (2) shall have a right of appeal to the High Court from that decision.

(4) On an appeal in terms of subsection (3), the High Court may confirm, vary or

reverse the decision of the Minister.

(5) An appeal shall lie to the Supreme Court from any decision of the High Court.

[(6) and (7) repealed and (4) and (5) inserted by the General Laws Amendment

(No.2) Act 2002 promulgated on the 24th January, 2003 - with retrospective effect, in

terms of clause 47 - from the 4th February, 2002 - Editor.]

5 Moneys to be paid from Consolidated Revenue Fund

All moneys that are to be paid to political parties in terms of this Act shall be paid out

of moneys appropriated for the purpose by an Act of Parliament in respect of each

Parliamentary year.

PART III

DONATIONS TO POLITICAL PARTIES, MEMBERS AND CANDIDATES

6 Prohibition of foreign funding

(1) No political party, member of a political party or candidate shall accept any

a foreign donation, whether directly from the donor or indirectly through a third person.

(2) For the purposes of subsection (1), any donation accepted by a member of a

political party shall be deemed to have been accepted by the political party unless the

member wilfully fails to disclose such donation to the political party, in which case

the member shall be liable for any contravention of subsection (1).

(3) Subject to subsection (4), any political party which or member of a political party

or candidate who contravenes subsection (1) shall be guilty of an offence and liable to

a fine-

(a) equivalent to the market value of the donation; or

(b) level twelve;

whichever is the greater amount.

[amended by Act 22 of 2001 with effect from the 10th September, 2002.]

(4) A political party, member of a political party or candidate shall be deemed not to

have accepted a donation in contravention of subsection (1) if, within thirty days of

receiving the donation, the party, member or candidate returns the donation to the

donor.

(5) The value of a monetary donation made in foreign currency shall, for the

purposes of this section, be calculated by reference to the rate of exchange of that

currency to the Zimbabwe dollar prevailing on the date when the donation is received.

(6) In addition to any punishment it may impose under subsection (3) and without

derogation from its powers under any enactment, a court convicting a person of

contravening subsection (1) shall declare forfeited to the State any foreign donation,

whether consisting of an article or money or both, which forms the subject-matter of

the offence.

(7) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of

the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis

mutandis, in relation to a declaration in terms of subsection (6).

(8) and (9)

[repealed by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th

January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th

February, 2002 - Editor.]

7 Solicitation of donations by foreigners prohibited

(1) No person who is a citizen of a foreign country domiciled in a country other than

Zimbabwe shall, within Zimbabwe, solicit donations from the public on behalf of any

political party or candidate.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and

liable to a fine-

(a) equivalent to the market value of the donations collected by that

person; or

(b) level twelve;

whichever is the greater amount, or to imprisonment for a period not exceeding five

years or both.

[amended by Act 22 of 2001 with effect from the 10th September, 2002.]

(3) Subsections (6), (7), (8) and (9) of section six shall apply in relation to an offence

in terms of this section.

PART IV

GENERAL

8 Regulations

(1) The Minister may by regulations prescribe all matters which by this Act are

required or permitted to be prescribed, or which, in his opinion, are necessary or

convenient to be prescribed for carrying out or giving effect to this Act.

[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the

24th January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th

February, 2002 - Editor.]

(2) Regulations made in terms of subsection (1) may provide for-

(a) prescribing the form of the application referred to in section four;

(b) the form and manner in which records of donations shall be kept by

political parties;

(c) the keeping by political parties of proper books of accounts, the audit

of the accounts of political parties, and the form, content and publication of

statements of accounts by political parties.

(3) Regulations made under this section may prescribe penalties for any

contravention of them not exceeding a fine of level seven.

[amended by Act 22 of 2001 with effect from the 10th September, 2002.]

9 Repeal and savings

(1) The Political Parties (Finance) Act [Chapter 2:04] is repealed.

(2) Notwithstanding subsection (1), anything done or commenced under the Political

Parties (Finance) Act [Chapter 2:04] and which, immediately before the date of

commencement of this Act, had or was capable of acquiring legal effect shall be

deemed, on or after that date, to have been done or commenced under the appropriate

provision of this Act and shall continue to have or to be capable of acquiring, as the

case may be, the same legal effect.

(3) Any regulations or notices which, immediately before the date of commencement

of this Act were in force under the Political Parties (Finance) Act [Chapter 2:04] shall

remain in force as if they were made by the appropriate authority under this Act.

10 Transitional provision

The appropriation in terms of section 6 of the Political Parties (Finance) Act [Chapter

2:04] of the sum of¾

(a) sixty-five million dollars for the year 2000, shall be deemed to have

been an appropriation for the year ending on the 25th June, 2000;

(b) one hundred million dollars for the year 2001, shall be deemed to have

been an appropriation for the year beginning on the 26th June, 2000.^[1]

References