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

Chapter 1 : Interpretation

1. Definitions

Purchase

In this Act, unless the context indicates otherwise—

"Banks Act"

means the Banks Act, 1990 (Act No. 94 of 1990);

[Definition inserted by section 3(a) 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]

"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 a political party or any levy imposed by the party on its elected representatives; or

(ii)	any funds provided to a political party, or an independent representative by the National Assembly and provincial legislatures respectively in terms of sections 57(2)(c) and 116(2)(c) of the Constitution;

[Definition substituted by section 3(b) 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]

"donation in kind"—

(a)

includes—

(i)	any money lent to a political party, independent representative or independent candidate other than on commercial terms;

(ii)	any money paid on behalf of a political party, independent representative or independent candidate for any expenses incurred directly or indirectly by that political party, independent representative or independent candidate;

(iii)

the provision of assets, services or facilities for the use or benefit of a political party, independent representative or independent candidate other than on commercial terms; or

(iv)	a sponsorship provided to a political party, independent representative or independent candidate; 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 Political Representative Fund;

[Definition substituted by section 3(c) 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]

"independent candidate"

means a South African citizen contesting an election and who is not nominated on a list of a party;

[Definition inserted by section 3(d) 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]

"independent representative"

means an independent candidate with representation in the national or a provincial legislature; and

[Definition inserted by section 3(d) 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]

"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);

"Political Representatives Fund"

means the Political Representatives Fund established in terms of section 2(1); and

[Definition substituted by section 3(e) 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]

"prescribe"

means prescribed by regulations made under section 24;

"represented political party"

means a political party with representation in the national or provincial legislatures;

"this Act"

includes regulations made under section 24.