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

Preamble

 

WHEREAS the Constitution establishes the foundational values of accountability and openness in a multi-party democracy;

 

AND WHEREAS it is important to deepen democracy, promote the national interest and to protect the sovereignty of the Republic;

 

AND WHEREAS the Republic’s public international law obligations require it to incorporate the principle of transparency in the funding of political parties;

 

AND WHEREAS section 236 of the Constitution, in promoting that principle, requires national legislation to provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis to enhance multi-party democracy;

 

AND WHEREAS effect is given to this section through money made available to those political parties from a fund created by law for that purpose;

 

AND WHEREAS section 44 of the Constitution affords Parliament legislative authority to pass legislation with regard to any matter, which would include to regulate private funding of political parties as well as the public and private funding of independent candidates and independent representatitves;

 

AND WHEREAS effect is given to this by—

establishing an additional fund to receive funding from private sources subject to certain restrictions;
prohibiting certain donations being made directly to political parties, independent candidates and independent representatives; and
providing for the disclosure of donations,

 

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

 

[Sixth and seventh paragraphs of the Preamble substituted by section 2 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]