Political Finance Database

80.           CONTRIBUTIONS FROM INTERNATIONAL ORGANISATIONS.

1. An international organisation may contribute to the Central Fund.
2. An international organisation shall not contribute directly to a registered political party

Source: Article 80, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

   81.        CONTRIBUTIONS FROM NON-CITIZENS.

(1) Subject to this section, a non-citizen may contribute to –

(a)          the Central Fund, to an unlimited extent; and

(b) a registered political party, to an extent provied by Subsection (2)(a); and

©           a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a non-citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a non-citizen shall not –

• contribute, directly or indirectly, to a political party which is not a registered political party; or
• enter into any scheme to defeat the provisions of Subsection (2) or of Paragraph (a).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a non-citizen corporation which is licensed as a bank or financial institution under the Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A non-citizen, who makes a contribution to –

• a registered political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,shall, within 30 days of receiving a contribution from a non-citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the non-citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed. (8) A –

• registered political party which; or
• candidate who,

fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed

Source: Article 81, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

274. We answer in the affirmative to Question 16. It is conceded by the Interveners for the negative. It is not difficult to understand why s 81 is inconsistent with ss129 (1) (c) and130 (1) (b) of the Constitution. Section 129 (1)(c) provides for an Organic Law to make provision for prohibiting non-citizens from holding membership of political parties and contributing to the funds of those parties or any political party. Section 130 (1) (b) provides for an Organic Law to make provision for prohibiting a candidate or former candidate for election from accepting from a non-citizen any assistance (financial or otherwise) in respect of his candidate. OLIPPAC, s 81 allows those matters which are expressly prohibited by ss129 (1) (c) and130 (1) (b). An Organic Law provision in respect of a matter that is not authorized to be made by an Organic Law is inconsistent with the Constitution and therefore invalid: Constitution, ss 10,12 (1) (a) and (b).

275. Section 81 is therefore unconstitutional and invalid.

Source: Judgment by Waigani: Injia, CJ; Salika Dep.CJ; Sakora J; Kirriwom J & Gavara-Nanu J., Papua New Guinea Supreme Court of Justice, in the matter of MATTER OF THE ORGANIC LAW ON THE INTEGRITY OF POLITICAL PARTIES AND CANDIDATES, REFERENCE BY THE PROVINCIAL EXECUTIVE COUNCIL OF THE FLY RIVER PROVINCIAL GOVERNMENT OF WESTERN PROVINCE.Referrer AND:THE REGISTRAR OF POLITICAL PARTIES First Intervener AND: THE INTEGRITY OF POLITICAL PARTIES COMMISSION Second Intervener AND: DR ALLAN MARAT, MP, ATTORNEY GENERAL Third Intervener AND: THE HON. JEFFREY NAPE, MP; SPEAKER OF THE NATIONAL PARLIAMENT Fourth Intervener AND: THE NATIONAL PARLIAMENT Fifth Intervener AND: THE HON. FRANCIS AWESA, MP Sixth Intervener AND: THE HON. BART PHILEMON, MP Seventh Intervener judgment delivered 10 July 2010

   81.        CONTRIBUTIONS FROM NON-CITIZENS.

(1) Subject to this section, a non-citizen may contribute to –

(a)          the Central Fund, to an unlimited extent; and

(b) a registered political party, to an extent provied by Subsection (2)(a); and

©           a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a non-citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a non-citizen shall not –

• contribute, directly or indirectly, to a political party which is not a registered political party; or
• enter into any scheme to defeat the provisions of Subsection (2) or of Paragraph (a).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a non-citizen corporation which is licensed as a bank or financial institution under the Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A non-citizen, who makes a contribution to –

• a registered political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,shall, within 30 days of receiving a contribution from a non-citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the non-citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed. (8) A –

• registered political party which; or
• candidate who,

fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed

Source: Article 81, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

274. We answer in the affirmative to Question 16. It is conceded by the Interveners for the negative. It is not difficult to understand why s 81 is inconsistent with ss129 (1) (c) and130 (1) (b) of the Constitution. Section 129 (1)(c) provides for an Organic Law to make provision for prohibiting non-citizens from holding membership of political parties and contributing to the funds of those parties or any political party. Section 130 (1) (b) provides for an Organic Law to make provision for prohibiting a candidate or former candidate for election from accepting from a non-citizen any assistance (financial or otherwise) in respect of his candidate. OLIPPAC, s 81 allows those matters which are expressly prohibited by ss129 (1) (c) and130 (1) (b). An Organic Law provision in respect of a matter that is not authorized to be made by an Organic Law is inconsistent with the Constitution and therefore invalid: Constitution, ss 10,12 (1) (a) and (b).

275. Section 81 is therefore unconstitutional and invalid.

Source: Judgment by Waigani: Injia, CJ; Salika Dep.CJ; Sakora J; Kirriwom J & Gavara-Nanu J., Papua New Guinea Supreme Court of Justice, in the matter of MATTER OF THE ORGANIC LAW ON THE INTEGRITY OF POLITICAL PARTIES AND CANDIDATES, REFERENCE BY THE PROVINCIAL EXECUTIVE COUNCIL OF THE FLY RIVER PROVINCIAL GOVERNMENT OF WESTERN PROVINCE.Referrer AND:THE REGISTRAR OF POLITICAL PARTIES First Intervener AND: THE INTEGRITY OF POLITICAL PARTIES COMMISSION Second Intervener AND: DR ALLAN MARAT, MP, ATTORNEY GENERAL Third Intervener AND: THE HON. JEFFREY NAPE, MP; SPEAKER OF THE NATIONAL PARLIAMENT Fourth Intervener AND: THE NATIONAL PARLIAMENT Fifth Intervener AND: THE HON. FRANCIS AWESA, MP Sixth Intervener AND: THE HON. BART PHILEMON, MP Seventh Intervener judgment delivered 10 July 2010

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

3.3 Candidates and political parties should not seek to influence voters unfairly through gifts, gratuities, threats or promises. The following are examples of prohibited activities:

….

3.3.3 Using government resources, such as cars or trucks, for campaign purposes.

Source: Code of Conduct for Political Parties, Candidates, and Party Scrutineers and Supporters During the 2017 National Election, Electoral Commission Papua New Guinea 2017

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

“contribution” means the giving of –

• money to the Central Fund or the fund of a political party or to a candidate; or
• assistance in kind, goods, services, gifts or other voluntary provisions to a political party; or
• assistance in kind, goods, services, gifts or other voluntary provisions to a candidate as assistance towards campaign expenses, exceeding in value a prescribed amount and “contribute” and “contributor” have corresponding meanings;

Source: Article 2, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

79. CONTRIBUTIONS FROM CITIZENS.

(1) Subject to this section, a citizen may contribute to –

• the Central Fund, to an unlimited extent; and
• a political party, to an extent provided by Subsection (2)(a); and
• a candidate, to an extent provided by Subsection (2)(b).

(2) Subject to Subsection (4), contributions made by a citizen –

• under Subsection (1)(b) – shall not exceed the sum of K500, 000.00 in total in any calendar year; and
• under Subsection (1)(c) – shall not exceed the sum of K500, 000.00 in respect of any one election.

(3) Subject to Subsection (4), a citizen shall not enter into any scheme to defeat the provisions of Subsection (2).

(4) Subsections (2) and (3) do not apply to a loan made to –

• a political party; or
• a candidate at an election,

by a corporation which is licensed as a bank or financial institution under Banks and Financial Institutions Act 2000, where the loan and the terms of the loan are similar to those available in the normal course of business of the bank or financial institution.

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

 (1) A political party shall be funded only in accordance with this Law.

(2) Only a registered political party is eligible to receive funding from the Central Fund.

(3) The funding of a registered political party shall consist of: –

• funding from the Central Fund where applicable in accordance with this Law; and

Source: Article75, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

1) For the purposes of this section, “registered political party represented in the Parliament” means a registered political party, a member of which is a Member of the Parliament who –

• was endorsed by that registered political party at the time of his election to the Parliament; or
• who subsequently joined that registered political party, and who is not a member of another registered political party.

(2) Subject to this section and to any other relevant provision of this Law, the Commission shall pay out of the Central Fund –

• subject to Subsection (3), to each registered political party represented in the Parliament, the sum of K10, 000.00 for each Member of the Parliament who is a member of that registered political party; and
• any sum payable to a registered political party under Section 83.

(3) The Commission may, taking into account national economic factors, increase the amount payable under Subsection (2)(a), but no such increase shall exceed 10% in any one year.

(4) The Commission may, from time to time, out of moneys available in the Central Fund after making the payments under Subsection (2) or (3) make an additional payment to each registered political party.

(5) The amount to be paid to each registered political party under Subsection (4) shall generally be in accordance with the principles of Subsection (2).

Source: Article 82, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

1) For the purposes of this section, “registered political party represented in the Parliament” means a registered political party, a member of which is a Member of the Parliament who –

• was endorsed by that registered political party at the time of his election to the Parliament; or
• who subsequently joined that registered political party, and who is not a member of another registered political party.

(2) Subject to this section and to any other relevant provision of this Law, the Commission shall pay out of the Central Fund –

• subject to Subsection (3), to each registered political party represented in the Parliament, the sum of K10, 000.00 for each Member of the Parliament who is a member of that registered political party; and
• any sum payable to a registered political party under Section 83.

(3) The Commission may, taking into account national economic factors, increase the amount payable under Subsection (2)(a), but no such increase shall exceed 10% in any one year.

(4) The Commission may, from time to time, out of moneys available in the Central Fund after making the payments under Subsection (2) or (3) make an additional payment to each registered political party.

(5) The amount to be paid to each registered political party under Subsection (4) shall generally be in accordance with the principles of Subsection (2).

Source: Article 82, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

   84.       CLAIMS FOR PAYMENT.

(1) The Commission shall not make any payments out of the Central Fund under Section 82(2)(a) or (b) except –

• on the making of a claim by a registered political party in accordance with this section; and
• where the Commission is satisfied that the registered political party is entitled to funding under Section 82 or 83.

(2) A registered political party may apply to the Commission for payment under Section 83.

(3) A claim under Subsection (1)(a) or Subsection (2) shall –

• be made in the prescribed form; and
• be signed by the president of the registered political party and by its secretary or treasurer; and
• be made within the prescribed time period.

(4) A political party shall not be entitled for payment in the name or names of its Member or Members who fail to lodge his or their financial returns to the Registrar, within the specified period.

Source: Article 84, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

85. MEMBERSHIP OF MEMBER OF THE PARLIAMENT IN A REGISTERED POLITICAL PARTY.

1. Subject to Subsection (3), as soon as practicable after 1 March in each year, the Commission shall make a determination as to the membership of registered political parties of Members of the Parliament.
2. For the purpose of the distribution of funds from the Central Fund to a registered political party, a Member of Parliament is deemed to be a member of that registered political party where he is a member of that registered political party on 1 March of that year.
3. In making a determination under Subsection (1), the Commission shall determine that a Member of the Parliament is a member of a registered political party where the Commission is satisfied that –

• the Member was endorsed as a candidate of that registered political party in the election of that Member to the Parliament; or
• the Member was in his election to the Parliament not endorsed by a political party, but has since notified the Speaker or the Commission in writing that he has joined that registered political party; or
• the Member has –

• notified the Speaker or the Commission in writing that he is a member of that registered political party; and
• consistently sat and voted with that registered political party for a period of six months or more,

and the Commission is satisfied that that Minister is a member of that registered political party.

Source: Article 85, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

86.        ENTITLEMENT TO FUNDING FROM THE CENTRAL FUND.

(1) A –

• a person who is a Member of the Parliament, determined by the Commission under Section 85 not to be a member of a registered political party; and
• Member of Parliament, who is a member of a political party who has failed to file a financial return,

is not entitled to any payment of funds from the Central Fund and shall not be included in any calculation of payment of funds from the Central Fund.

(2) A registered political party which –

• does not have any members who are Members of the Parliament; or
• has failed to file a financial return in accordance with Section 88, is not entitled to any payment of funds from the Central Fund.

Source: Article 86, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(2) Subject to this section and to any other relevant provision of this Law, the Commission shall pay out of the Central Fund –

• subject to Subsection (3), to each registered political party represented in the Parliament, the sum of K10, 000.00 for each Member of the Parliament who is a member of that registered political party; and
• any sum payable to a registered political party under Section 83.

(3) The Commission may, taking into account national economic factors, increase the amount payable under Subsection (2)(a), but no such increase shall exceed 10% in any one year.

(4) The Commission may, from time to time, out of moneys available in the Central Fund after making the payments under Subsection (2) or (3) make an additional payment to each registered political party.

(5) The amount to be paid to each registered political party under Subsection (4) shall generally be in accordance with the principles of Subsection (2).

Source: Article 82, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Where –

• a registered political party endorsed a female candidate in an election and spent an amount as election campaign expenses on her behalf; and
• the female candidate obtained at least 10% of the votes cast in the electorate in that election, the registered political party shall be entitled to receive from the Central Fund –
• 75% of K10, 000.00 payable to a successful candidate, by the registered political party as election campaign expenses on her behalf; or
• an amount fixed by the Commission, which is the lesser.

(2) Where a registered political party endorses a female candidate in a election as referred to in Subsection (1), and that female candidate wins the election, the female candidate and the registered political party sponsoring the female candidate are not entitled to any payment from the Central Fund under this section.

Source: Article 83, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

The PNGEC did not stipulate any requirements for the national broadcaster to offer free air time for political party broadcasts or for local newspapers to offer a nominal amount of free space to political parties for their campaign messages.

Source: Commonwealth Observer Group, Report of the Commonwealth Observer Group, Papua New Guinea National Elections June-July 2012 Commonwealth Secretariat, London, 2012

The PNGEC did not stipulate any requirements for the national broadcaster to offer free air time for political party broadcasts or for local newspapers to offer a nominal amount of free space to political parties for their campaign messages.

Source: Commonwealth Observer Group, Report of the Commonwealth Observer Group, Papua New Guinea National Elections June-July 2012 Commonwealth Secretariat, London, 2012

The PNGEC did not stipulate any requirements for the national broadcaster to offer free air time for political party broadcasts or for local newspapers to offer a nominal amount of free space to political parties for their campaign messages.

Source: Commonwealth Observer Group, Report of the Commonwealth Observer Group, Papua New Guinea National Elections June-July 2012 Commonwealth Secretariat, London, 2012

 (1) The Electoral Commission shall endeavour to print candidate posters as soon as possible after the declaration of nominations.

(2) The Electoral Commission is to provide to each candidate posters printed under this section in such quantity as the Electoral Commission determines after the candidate posters are printed.

Source: Article 60, Electoral Law (National Elections) Regulation 2007

 (1) Candidate posters provided by the Electoral Commission may be used by any candidate or registered political party to campaign during the campaign period.

(2) A candidate poster provided by the Electoral Commission or a document similar to it shall not be printed by any candidate, registered political party or any other person except as authorised by this Regulations.

Source: Article 61, Electoral Law (National Elections) Regulation 2007

(1) Expenditure incurred in the year of income by the taxpayer in being elected as a member, or in contesting an election for membership, of the National Parliament of Papua New Guinea is an allowable deduction.

(2) When a deduction has been allowed or is allowable under this section in respect of any expenditure and that expenditure or any part of it is reimbursed to the taxpayer or paid for him by any other person or by any organisation, the assessable income of the taxpayer of the year in which the amount is so reimbursed or paid shall include that amount.

Source: Article 96, Income Tax Act Mo 24 of 1959

(1) Where –

• a registered political party endorsed a female candidate in an election and spent an amount as election campaign expenses on her behalf; and
• the female candidate obtained at least 10% of the votes cast in the electorate in that election,

the registered political party shall be entitled to receive from the Central Fund –

• 75% of K10, 000.00 payable to a successful candidate, by the registered political party as election campaign expenses on her behalf; or
• an amount fixed by the Commission,
  which is the lesser.

(2) Where a registered political party endorses a female candidate in a election as referred to in Subsection (1), and that female candidate wins the election, the female candidate and the registered political party sponsoring the female candidate are not entitled to any payment from the Central Fund under this section.

Source: Article 83, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(f) before, during or after an election, corruptly providing food, drink or lodging to or for a person on account of anything done, or to be done by an elector at an election

(g) being an elector, corruptly receiving food, drink or lodging on account of anything done at an election

(h) by force, threat, fraud, misrepresentation, undue influence or in any other manner inducing or attempting to induce another person to vote or fail to vote at an election, or to vote for a particular person at an election

Source: Article 286, Organic Law on National and Local Level Government Elections No 3 of 1997

(1) A person who, before, during or after an election, corruptly provides, or corruptly pays in whole or part the expense of providing, any food, drink or lodging to or for any person on account of anything done or omitted to be done, or to be done or omitted to be done, by an elector at the election in the capacity of an elector, is guilty of a misdemeanour.

(2) An elector, who corruptly receives any food, drink, or lodging, on account of an act or omission referred to in Subsection (1) is guilty of a misdemeanour.

Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding one year.

Source: Article 101, Criminal Code Act 1974

A person who–

(a) gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on, or for, any person any property or benefit of any kind–

(i) on account of anything done or omitted to be done, or to be done or omitted to be done, by an elector at an election in the capacity of an elector; or

(ii) on account of any person acting or joining in a procession during an election; or

(iii) in order to induce any person to endeavour to procure the return of any person at an election, or the vote of any elector at an election; or

(b) being an elector, asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on account of anything done or omitted to be done, or to be done or omitted to be done, by him at an election in the capacity of an elector; or

(c) asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person, on account of a promise made by him or any other person to endeavour to procure the return of any person at an election, or the vote of any person at an election; or

(d) advances or pays any money to or to the use of any other person with the intent that the money will be applied for any of the purposes referred to in Paragraph (a), (b) or (c) or in discharge or repayment of money wholly or in part applied for any such purpose; or

(e) corruptly transfers or pays any property or money to any person for the purpose of enabling that person to be registered as an elector, and so influencing the vote of that person at a future election; or

(f) is privy to the transfer or payment referred to in Paragraph (e) that is made for his benefit; or

(g) being a candidate at an election, convenes or holds a meeting of electors or of his committee in a house licensed for the sale of fermented or spirituous liquors,

is guilty of a misdemeanour.

Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding one year.

Source: Article 103, Criminal Code Act 1974

 (1) A person convicted of an offence against Section 99, 100, 101, 102 or 103 committed with respect to a parliamentary election becomes incapable, for three years from the date of the conviction–

(a) of being registered as an elector or of voting at any parliamentary election or of holding any judicial office, and if he holds any such office the office is vacated; or

(b) being elected or appointed to or of sitting in the Parliament, and, if at the time of the conviction he is a member of the Parliament his seat is vacated.

(2) Any person convicted of any offence referred to in Subsection (1) committed with respect to a Local-level Government election becomes incapable, for two years from the date of the conviction, of holding any local government office, and, if he holds any such office, the office is vacated.

Source: Article 104, Criminal Code Act 1974

There are no spending limits for either political parties or candidates, nor is there a definition of what constitutes a campaign expense.

Source: International Foundation for Electoral Systems Elections in Papua New Guinea 2012 National General Elections Frequently Asked Questions, International Foundation for Electoral Systems, Washington DC June 2012

The only limits are on financial contributions made by individuals and organizations to political parties.They can spend as much as they want as long as they provide financial returns at the specified time.

Source: Global Integrity, Global Integrity Report, Papua New Guinea 2007 accessed on 2 February2018 at https://www.globalintegrity.org/research/reports/global-integrity-report/global-integrity-report-2007/gir-scorecard-2007-papua-new-guinea/

There are no spending limits for either political parties or candidates, nor is there a definition of what constitutes a campaign expense.

Source: International Foundation for Electoral Systems Elections in Papua New Guinea 2012 National General Elections Frequently Asked Questions, International Foundation for Electoral Systems, Washington DC June 2012

The only limits are on financial contributions made by individuals and organizations to political parties.They can spend as much as they want as long as they provide financial returns at the specified time.

Source: Global Integrity, Global Integrity Report, Papua New Guinea 2007 accessed on 2 February2018 at https://www.globalintegrity.org/research/reports/global-integrity-report/global-integrity-report-2007/gir-scorecard-2007-papua-new-guinea/

There are no spending limits for either political parties or candidates, nor is there a definition of what constitutes a campaign expense.

Source: International Foundation for Electoral Systems Elections in Papua New Guinea 2012 National General Elections Frequently Asked Questions, International Foundation for Electoral Systems, Washington DC June 2012

The only limits are on financial contributions made by individuals and organizations to political parties.They can spend as much as they want as long as they provide financial returns at the specified time.

Source: Global Integrity, Global Integrity Report, Papua New Guinea 2007 accessed on 2 February2018 at https://www.globalintegrity.org/research/reports/global-integrity-report/global-integrity-report-2007/gir-scorecard-2007-papua-new-guinea/

There are no spending limits for either political parties or candidates, nor is there a definition of what constitutes a campaign expense.

Source: International Foundation for Electoral Systems Elections in Papua New Guinea 2012 National General Elections Frequently Asked Questions, International Foundation for Electoral Systems, Washington DC June 2012

The only limits are on financial contributions made by individuals and organizations to political parties.They can spend as much as they want as long as they provide financial returns at the specified time.

Source: Global Integrity, Global Integrity Report, Papua New Guinea 2007 accessed on 2 February2018 at https://www.globalintegrity.org/research/reports/global-integrity-report/global-integrity-report-2007/gir-scorecard-2007-papua-new-guinea/

The Organic law does not include any provisions on the role of the media during the campaign, neither on the right of equal access by electoral contestants to the state-owned media, nor to the principles of (free or paid) political advertising, that would aim to ensure a balanced and pluralistic coverage of all candidates. Equally, the other legislation relevant to the media, mainly the Broadcasting Corporation Act of 1973 and the Cybercrime Code Act of 2016, are silent in regards to regulating the media coverage of the electoral campaign.

Source: European Union Election Expert Mission to Papua New Guinea Final Report May-August 2017, European Union, Brussels, September 2017, accessed at http://ec.europa.eu/dgs/fpi/documents/key-documents/election-expert-mission-png-2017-final-report_en.pdf on 3 February 2018

The Organic law does not include any provisions on the role of the media during the campaign, neither on the right of equal access by electoral contestants to the state-owned media, nor to the principles of (free or paid) political advertising, that would aim to ensure a balanced and pluralistic coverage of all candidates. Equally, the other legislation relevant to the media, mainly the Broadcasting Corporation Act of 1973 and the Cybercrime Code Act of 2016, are silent in regards to regulating the media coverage of the electoral campaign.

Source: European Union Election Expert Mission to Papua New Guinea Final Report May-August 2017, European Union, Brussels, September 2017, accessed at http://ec.europa.eu/dgs/fpi/documents/key-documents/election-expert-mission-png-2017-final-report_en.pdf on 3 February 2018

(5) A non-citizen, who makes a contribution to –

• a registered political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election, shall, within 30 days of receiving a contribution from a non-citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the non-citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed. (8) A –

• registered political party which; or
• candidate who,

fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed

Source: Article 81, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

88.         FINANCIAL RETURNS BY POLITICAL PARTIES.

(1) Within three months after the date fixed for the return of writs following a general election and every twelve months thereafter, the public officer of a political party shall lodge with the Registrar a financial return specifying –

• details of all contributions which that political party has received; and
• details of all other receipts and income of that political party; and
• details of all expenditure which that political party has incurred, during the period –
• in the case of a financial return lodged following the return of writs in a general election – of 12 months preceding the date of return of the writs; and
• in the case of any other financial return – since the date of the end of the period covered by the previous financial return.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contribution –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount;
• where the contribution was not made in cash – and nature and value of the contribution; and

(b)          in respect of receipts and income –

• full details of the source and nature of the income or of the sum received; and
• the date of receipt of the income or sum received; and

(c)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure; and

(d)          in respect of each item of expenditure on a candidate –

• the full name and address of the candidate; and
• the name of the electorate for which he was a candidate; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

 (3) Where a financial return lodged with Registrar under Subsection (1) –

• is not complete; or
• lacks detail or substance in any respect,

the Commission may require the political party or the candidate to furnish such further information as the Commission may direct.

(4) A political party, which fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K5, 000.00
Default penalty: A fine not exceeding K50.00

(5) Where a political party has not filed a financial return as required by this section, each executive officer of that political party is guilty of misconduct in office under the Leadership Code.

Source: Article 88, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(5) A non-citizen, who makes a contribution to –

• a registered political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election, shall, within 30 days of receiving a contribution from a non-citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the non-citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed. (8) A –

• registered political party which; or
• candidate who,

fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed

Source: Article 81, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

88.         FINANCIAL RETURNS BY POLITICAL PARTIES.

(1) Within three months after the date fixed for the return of writs following a general election and every twelve months thereafter, the public officer of a political party shall lodge with the Registrar a financial return specifying –

• details of all contributions which that political party has received; and
• details of all other receipts and income of that political party; and
• details of all expenditure which that political party has incurred, during the period –
• in the case of a financial return lodged following the return of writs in a general election – of 12 months preceding the date of return of the writs; and
• in the case of any other financial return – since the date of the end of the period covered by the previous financial return.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contribution –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount;
• where the contribution was not made in cash – and nature and value of the contribution; and

(b)          in respect of receipts and income –

• full details of the source and nature of the income or of the sum received; and
• the date of receipt of the income or sum received; and

(c)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure; and

(d)          in respect of each item of expenditure on a candidate –

• the full name and address of the candidate; and
• the name of the electorate for which he was a candidate; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

 (3) Where a financial return lodged with Registrar under Subsection (1) –

• is not complete; or
• lacks detail or substance in any respect,

the Commission may require the political party or the candidate to furnish such further information as the Commission may direct.

(4) A political party, which fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K5, 000.00
Default penalty: A fine not exceeding K50.00

(5) Where a political party has not filed a financial return as required by this section, each executive officer of that political party is guilty of misconduct in office under the Leadership Code.

Source: Article 88, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Within three months after –

• in the case of a candidate declared to be a successful candidate at return of the writs for an election – the date of the return of the writs; and
• in the case of a candidate declared to be a successful candidate by a Court of Disputed Returns – the date of the declaration by the Court,

a successful candidate shall lodge with the Registrar a financial return specifying –

• details of the contributions received by him; and
• details of the expenditure incurred by him,
  for or in connection with his candidature at the election.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contributor –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount; and
• where the contribution was not made in cash – the nature and value of the contribution; and

(b)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

(3) Where a financial return lodged with the Registrar under Subsection (1) –

• is not complete; and
• lacks detail or substance in any respect,

the Commission may require the registered political party or the candidate to furnish such further information as the Commission may direct.

1. A successful candidate, who fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K2, 000.00.

Default penalty: A fine not exceeding K20.00.

1. A successful candidate, who has not filed a financial return as required by this section, is guilty of misconduct in office under the Leadership Code.

Source: Article 89, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(5) A non-citizen, who makes a contribution to –

• a registered political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election, shall, within 30 days of receiving a contribution from a non-citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the non-citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed. (8) A –

• registered political party which; or
• candidate who,

fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed

Source: Article 81, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

Contrary to international standards, the absence of any requirement for the financial returns of parties and candidates to be made public and for the Integrity of Political Parties and Candidates Commission to publish its conclusions on their financial returns neither improves transparency nor provides effective access to information to the electorate.

Source: European Union Election Expert Mission to Papua New Guinea Final Report May-August 2017, European Union, Brussels, September 2017, accessed at http://ec.europa.eu/dgs/fpi/documents/key-documents/election-expert-mission-png-2017-final-report_en.pdf on 3 February 2018

(7) A –

• registered political party; or
• candidate at an election, shall, within 30 days of receiving a contribution from a non-citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the non-citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed. (8) A –

• registered political party which; or
• candidate who,

fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed

Source: Article 81, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Within three months after the date fixed for the return of writs following a general election and every twelve months thereafter, the public officer of a political party shall lodge with the Registrar a financial return specifying –

• details of all contributions which that political party has received; and
• details of all other receipts and income of that political party; and
• details of all expenditure which that political party has incurred, during the period –
• in the case of a financial return lodged following the return of writs in a general election – of 12 months preceding the date of return of the writs; and
• in the case of any other financial return – since the date of the end of the period covered by the previous financial return.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contribution –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount;
• where the contribution was not made in cash – and nature and value of the contribution; and

(b)          in respect of receipts and income –

• full details of the source and nature of the income or of the sum received; and
• the date of receipt of the income or sum received; and

(c)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure; and

(d)          in respect of each item of expenditure on a candidate –

• the full name and address of the candidate; and
• the name of the electorate for which he was a candidate; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

 (3) Where a financial return lodged with Registrar under Subsection (1) –

• is not complete; or
• lacks detail or substance in any respect,

the Commission may require the political party or the candidate to furnish such further information as the Commission may direct.

(4) A political party, which fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K5, 000.00
Default penalty: A fine not exceeding K50.00

(5) Where a political party has not filed a financial return as required by this section, each executive officer of that political party is guilty of misconduct in office under the Leadership Code.

Source: Article 88, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Within three months after –

• in the case of a candidate declared to be a successful candidate at return of the writs for an election – the date of the return of the writs; and
• in the case of a candidate declared to be a successful candidate by a Court of Disputed Returns – the date of the declaration by the Court,

a successful candidate shall lodge with the Registrar a financial return specifying –

• details of the contributions received by him; and
• details of the expenditure incurred by him,
  for or in connection with his candidature at the election.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contributor –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount; and
• where the contribution was not made in cash – the nature and value of the contribution; and

(b)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

(3) Where a financial return lodged with the Registrar under Subsection (1) –

• is not complete; and
• lacks detail or substance in any respect,

the Commission may require the registered political party or the candidate to furnish such further information as the Commission may direct.

1. A successful candidate, who fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K2, 000.00.

Default penalty: A fine not exceeding K20.00.

1. A successful candidate, who has not filed a financial return as required by this section, is guilty of misconduct in office under the Leadership Code.

Source: Article 89, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Within three months after the date fixed for the return of writs following a general election and every twelve months thereafter, the public officer of a political party shall lodge with the Registrar a financial return specifying –

• details of all contributions which that political party has received; and
• details of all other receipts and income of that political party; and
• details of all expenditure which that political party has incurred, during the period –
• in the case of a financial return lodged following the return of writs in a general election – of 12 months preceding the date of return of the writs; and
• in the case of any other financial return – since the date of the end of the period covered by the previous financial return.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contribution –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount;
• where the contribution was not made in cash – and nature and value of the contribution; and

(b)          in respect of receipts and income –

• full details of the source and nature of the income or of the sum received; and
• the date of receipt of the income or sum received; and

(c)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure; and

(d)          in respect of each item of expenditure on a candidate –

• the full name and address of the candidate; and
• the name of the electorate for which he was a candidate; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

 (3) Where a financial return lodged with Registrar under Subsection (1) –

• is not complete; or
• lacks detail or substance in any respect,

the Commission may require the political party or the candidate to furnish such further information as the Commission may direct.

(4) A political party, which fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K5, 000.00
Default penalty: A fine not exceeding K50.00

(5) Where a political party has not filed a financial return as required by this section, each executive officer of that political party is guilty of misconduct in office under the Leadership Code.

Source: Article 88, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Within three months after –

• in the case of a candidate declared to be a successful candidate at return of the writs for an election – the date of the return of the writs; and
• in the case of a candidate declared to be a successful candidate by a Court of Disputed Returns – the date of the declaration by the Court,

a successful candidate shall lodge with the Registrar a financial return specifying –

• details of the contributions received by him; and
• details of the expenditure incurred by him,
  for or in connection with his candidature at the election.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contributor –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount; and
• where the contribution was not made in cash – the nature and value of the contribution; and

(b)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

(3) Where a financial return lodged with the Registrar under Subsection (1) –

• is not complete; and
• lacks detail or substance in any respect,

the Commission may require the registered political party or the candidate to furnish such further information as the Commission may direct.

1. A successful candidate, who fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K2, 000.00.

Default penalty: A fine not exceeding K20.00.

1. A successful candidate, who has not filed a financial return as required by this section, is guilty of misconduct in office under the Leadership Code.

Source: Article 89, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Within three months after the date fixed for the return of writs following a general election and every twelve months thereafter, the public officer of a political party shall lodge with the Registrar a financial return specifying –

• details of all contributions which that political party has received; and
• details of all other receipts and income of that political party; and
• details of all expenditure which that political party has incurred, during the period –
• in the case of a financial return lodged following the return of writs in a general election – of 12 months preceding the date of return of the writs; and
• in the case of any other financial return – since the date of the end of the period covered by the previous financial return.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contribution –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount;
• where the contribution was not made in cash – and nature and value of the contribution; and

(b)          in respect of receipts and income –

• full details of the source and nature of the income or of the sum received; and
• the date of receipt of the income or sum received; and

(c)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure; and

(d)          in respect of each item of expenditure on a candidate –

• the full name and address of the candidate; and
• the name of the electorate for which he was a candidate; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

 (3) Where a financial return lodged with Registrar under Subsection (1) –

• is not complete; or
• lacks detail or substance in any respect,

the Commission may require the political party or the candidate to furnish such further information as the Commission may direct.

(4) A political party, which fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K5, 000.00
Default penalty: A fine not exceeding K50.00

(5) Where a political party has not filed a financial return as required by this section, each executive officer of that political party is guilty of misconduct in office under the Leadership Code.

Source: Article 88, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Within three months after –

• in the case of a candidate declared to be a successful candidate at return of the writs for an election – the date of the return of the writs; and
• in the case of a candidate declared to be a successful candidate by a Court of Disputed Returns – the date of the declaration by the Court,

a successful candidate shall lodge with the Registrar a financial return specifying –

• details of the contributions received by him; and
• details of the expenditure incurred by him,
  for or in connection with his candidature at the election.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contributor –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount; and
• where the contribution was not made in cash – the nature and value of the contribution; and

(b)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

(3) Where a financial return lodged with the Registrar under Subsection (1) –

• is not complete; and
• lacks detail or substance in any respect,

the Commission may require the registered political party or the candidate to furnish such further information as the Commission may direct.

1. A successful candidate, who fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K2, 000.00.

Default penalty: A fine not exceeding K20.00.

1. A successful candidate, who has not filed a financial return as required by this section, is guilty of misconduct in office under the Leadership Code.

Source: Article 89, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) There shall be a Registrar of Political Parties who shall be a suitably qualified person appointed by the Commission.

Source: Article 16, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Within three months after the date fixed for the return of writs following a general election and every twelve months thereafter, the public officer of a political party shall lodge with the Registrar a financial return specifying –

• details of all contributions which that political party has received; and
• details of all other receipts and income of that political party; and
• details of all expenditure which that political party has incurred, during the period –
• in the case of a financial return lodged following the return of writs in a general election – of 12 months preceding the date of return of the writs; and
• in the case of any other financial return – since the date of the end of the period covered by the previous financial return.

Source: Article 88, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Within three months after –

• in the case of a candidate declared to be a successful candidate at return of the writs for an election – the date of the return of the writs; and
• in the case of a candidate declared to be a successful candidate by a Court of Disputed Returns – the date of the declaration by the Court,

a successful candidate shall lodge with the Registrar a financial return specifying –

• details of the contributions received by him; and

details of the expenditure incurred by him,
for or in connection with his candidature at the election

Source: Article 89, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

 (3) Where a financial return lodged with Registrar under Subsection (1) –

• is not complete; or
• lacks detail or substance in any respect,

the Commission may require the political party or the candidate to furnish such further information as the Commission may direct.

Source: Article 88, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Where –

(a) the Registrar; or

(b) the Commission; or

(c) a person authorized by the Registrar or Commission in writing,

is of the opinion that a person or a political party may have contravened the provisions of this Law or is of the opinion that it is necessary to do so for the purposes of the performances of a function of the Registrar, the Registrar or Commission or the authorized person, under this Law, as the case may be, may –

(d) require that the person or political party to produce any receipts, papers, bank statements, documents or other records relating to matters covered by this Law; and

(e) where any information relating to matters covered by this Law are contained in an electronic storage medium, require that person or political party to give him full and free access to the electronic medium and to the information contained therein; and

(f) inspect any such receipt, paper, bank statement, documents or other record or electronic medium and information contained therein; and

(g) take copies of any such receipt, paper, bank statement, document or other record or of information contained in an electronic medium.

(2) A person or political party, who or which –

(a) hinders or obstructs the Registrar, or a member of the Commission authorized by the Commission, or a person authorized by the Registrar or the Commission in the exercise or performance of his powers and functions under Subsection (1); or

(b) without lawful excuse (proof of which is on him) –

(i) refuses or wilfully neglects to produce; or

(ii) refuses to allow the Registrar, or a member of the Commission authorized by the Commission, or a person authorized by the Registrar or by the Commission to make copies of, any receipt, paper, bank statement, document or other record, or of information contained in any electronic medium, is guilty of an offence.

Penalty: A fine not exceeding K10, 000.00.

Source: Article 91, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) Where –

(a) the Registrar; or

(b) the Commission; or

(c) a person authorized by the Registrar or Commission in writing,

is of the opinion that a person or a political party may have contravened the provisions of this Law or is of the opinion that it is necessary to do so for the purposes of the performances of a function of the Registrar, the Registrar or Commission or the authorized person, under this Law, as the case may be, may –

(d) require that the person or political party to produce any receipts, papers, bank statements, documents or other records relating to matters covered by this Law; and

(e) where any information relating to matters covered by this Law are contained in an electronic storage medium, require that person or political party to give him full and free access to the electronic medium and to the information contained therein; and

(f) inspect any such receipt, paper, bank statement, documents or other record or electronic medium and information contained therein; and

(g) take copies of any such receipt, paper, bank statement, document or other record or of information contained in an electronic medium.

(2) A person or political party, who or which –

(a) hinders or obstructs the Registrar, or a member of the Commission authorized by the Commission, or a person authorized by the Registrar or the Commission in the exercise or performance of his powers and functions under Subsection (1); or

(b) without lawful excuse (proof of which is on him) –

(i) refuses or wilfully neglects to produce; or

(ii) refuses to allow the Registrar, or a member of the Commission authorized by the Commission, or a person authorized by the Registrar or by the Commission to make copies of, any receipt, paper, bank statement, document or other record, or of information contained in any electronic medium, is guilty of an offence.

Penalty: A fine not exceeding K10, 000.00.

Source: Article 91, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(1) A –

• citizens, who gives a contribution to a political party or to a candidate in excess of the limits specified in Section 79(2); or
• non-citizen, who gives a contribution to a political party or to a candidate in excess of the limits specified in Section 81(2),

is guilty of an offence.

Penalty: A fine not exceeding K10, 000.00 or imprisonment for a term not exceeding two years, or both.

(2) A –

• political party, which; or
• member of political party, who,

seeks or accepts a contribution to that political party from –

• a citizen, in excess of the limits specified in Section 79(2); or
• a non-citizen, in excess of the limits specified in Section 81(2),

is guilty of an offence.

Penalty: In the case of a political party, a fine not exceeding K10, 000.00.

In the case of a member of a political party, a fine not exceeding K2, 000.00 or imprisonment for a term not exceeding six months, or both.

(3) A –

• citizen, who fails to comply with Section 79(3); or
• non-citizen, who fails to comply with Section 81(3),
  is guilty of an offence.

Penalty: A fine not exceeding K10, 000.00 or imprisonment for a term not exceeding two years, or both.

(4) Where a political party or member of a political party is convicted of an offence under Subsection (2) which relates to the acceptance of a contribution, it or he shall, in addition to any penalty imposed under Subsection (2), pay to the Central Fund –

• where the contribution was money – the amount received; and
• where the contribution was other than money – an amount equal to the value of the contribution as determined by the Commission,

And the political party is not entitled to any distribution of moneys from the Central Fund under Section 82 until such payment is made.

(5) A candidate, who seeks or accepts, for the purposes of his election –

• a contribution from a citizen in excess of the limits specified in Section 79(2); or
• a contribution from a non-citizen in excess of the limits specified in Section 81(2),

is guilty of an offence.

Penalty: A fine not exceeding K5,000. 00 or imprisonment for a term not exceeding one year, or both.

(6) Where a person convicted of an offence under this section is a person to whom the Leadership Code applies, the offence amounts to misconduct in office for the purposes of the Leadership Code.

Source: Article 87, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

The penalties that may be recommended and imposed under and for the purposes of Section 28(1A) of the Constitution and Section 27(5)(b) of the Organic Law are that the person found guilty of misconduct in office–

(a)           be fined an amount fixed by the tribunal, not exceeding K1,000.00; or

(b)           be ordered by the appropriate authority to enter into his own recognizance in a reasonable amount, not exceeding K500.00, fixed by the tribunal that he will comply with Division III.2 (Leadership Code) of the Constitution and with the Organic Law during a period fixed by the tribunal, not exceeding 12 months from the date of the announcement, under Section 27(6) of the Organic Law, of the decision of the tribunal; or

(c)           be suspended, without pay, from office or position for a period not exceeding three months from the date of commencement of the suspension; or

(d)           be reprimanded,

or if he is a public office-holder as that expression is defined in Section Sch.1.2(1) of the Constitution, that, as determined by the tribunal–

(e)           he be reduced in salary; or

(f)            if his conditions of employment are such as to allow of demotion–he be demoted

Source: Article2, Leadership Code (Alternative Penalties) Act No 79 of 1976

(1) A person convicted of an offence against Section 99, 100, 101, 102 or 103 committed with respect to a parliamentary election becomes incapable, for three years from the date of the conviction–

(a) of being registered as an elector or of voting at any parliamentary election or of holding any judicial office, and if he holds any such office the office is vacated; or

(b) being elected or appointed to or of sitting in the Parliament, and, if at the time of the conviction he is a member of the Parliament his seat is vacated.

(2) Any person convicted of any offence referred to in Subsection (1) committed with respect to a Local-level Government election becomes incapable, for two years from the date of the conviction, of holding any local government office, and, if he holds any such office, the office is vacated.

Source: Article 104, Criminal Code Act 1974

The Commission may cancel the registration of a registered political party where –

(a) the party is convicted of an offence under this Law or any other law that carries a penalty of a fine of K1, 000. 00 or more and the party fails to pay the fine imposed on it within the time fixed by the court imposing the fine for payment of the fine; or

(b) the party or a member of the party is convicted of an offence under Section 87; or

(c) the party no longer meets the qualifications for registration referred to in Section 28; or

(d) the party without reasonable justification, fails to file financial returns, as required by this Law, for two consecutive years.

Source: Article 42, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003