South Africa
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
No
|
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
|
3. Is there a ban on corporate donations to political parties? |
Code
No
|
4. Is there a ban on corporate donations to candidates? |
Code
No
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
|
7. Is there a ban on anonymous donations to political parties? |
Code
No
|
8. Is there a ban on anonymous donations to candidates? |
Code
No
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
|
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
|
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
No
|
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
|
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
|
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Not applicable
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
No
|
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
|
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
Explicitly banned. However, according to Section 5 of the Public Funding of Represented Political Parties Act 103 of 1997 (hereandafter as the Funding Act), the provision relates only to moneys allocated to a political party from the Fund, which may not be used directly or indirectly for the purpose of establishing any business or acquiring or maintaining any right or financial interest whatsoever in any business, or in any immovable property, except where the right or interest in the immovable property is to be used by the party solely for ordinary party-political purposes. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No data
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
Section 6 of the Funding Act: Every political party to which moneys are allocated from the Fund, must keep, with a bank registered in the Republic, a separate banking account into which all moneys so allocated to the party must be deposited. |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
Section 236 of the SA Constitution, and the Funding Act. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Representation in elected body
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal Proportional to seats received
Comment
Section 5 of the Funding Act (EQUAL relates to the provision that there is a minimum of funds allocated to each party, the final amount differs in accordance to SEATS). |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Other
Comment
Section 5 of the Funding Act: (i) The development of the political will of people; (ii) bringing the political party's influence to bear on the shaping of public opinion; (iii) inspiring and furthering political education; (iv) promoting active participation by individual citizens in political life; (v) exercising an influence on political trends; and (vi) ensuring continuous, vital links between the people and organs of state. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No
Comment
However, the Party Elections Broadcasts and Political Advertisements Regulations of 2014 include provisions on allocating air-time to political parties who obtain the Broadcasting Service Licence. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Not applicable
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
|
35. Are there provisions for any other form of indirect public funding? |
Code
No
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
|
39. Are there limits on the amount a political party can spend? |
Code
No
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
No
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No data
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No data
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No data
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No data
|
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Section 6 of the Funding Act: Within two months after the end of a financial year for which moneys have been allocated to any political party from the Fund, that accounting officer must prepare a statement showing all amounts received by the party from the Fund during that financial year and its application of those moneys, as well as the purposes for which the various amounts have been applied[, whereafter that accounting officer must have]& b) submit that statement and those books and records of account [audited by] a public accountant and auditor registered and practising as such in terms of the Public Accountants’ and Auditors’ Act, 1991 (Act No. 80 of 1991), to be audited. |
48. Do political parties have to report on their election campaign finances? |
Code
No
|
49. Do candidates have to report on their election campaign finances? |
Code
No
|
50. Do third parties have to report on election campaign finances? |
Code
No data
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
No
Comment
Not applicable on candidates. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
No
|
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
Section 6(3)(a) of the Funding Act: Within two months after the end of a financial year for which moneys have been allocated to any political party from the Fund, that accounting officer must-(a) prepare a statement showing all amounts received by the party from the Fund during that financial year. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No
Comment
Not applicable on candidates. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
EMB = Electoral Commission. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Auditing agency
Comment
Auditor-General (Section 6(6) of the Funding Act). |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
No data
|
58. What sanctions are provided for political finance infractions? |
Code
|
