South Africa
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
The law prohibits donations from foreign governments, agencies, persons or legal entities but allows some funding from such sources for training and policy development. Source
"(1) Political parties may not accept a donation from any of the following sources: (a) Foreign governments or foreign government agencies; (b) subject to subsection (4), foreign persons or entities; (...) (4) Subject to subsection (5), nothing in subsection (1)(b) prevents a political party from accepting donations from foreign entities for the purpose of— (a) training or skills development of a member of a political party; or (b) policy development by a political party." Article 8, Political Party Funding Act (PPFA), 2018. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
"(1) No person or entity may deliver a donation to a member of a political party other than for party political purposes. (2) A member of a political party may only receive a donation contemplated in subsection (1) on behalf of the party. (3) No person may circumvent subsections (1) or (2), or any of the provisions of this Chapter." Article 10, Political Party Funding Act (PPFA), 2018 |
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
Yes
Comment
The Political Party Funding Act prohibits donations from state-owned enterprises. Source
"(1) Political parties may not accept a donation from any of the following sources: (...) (d) state-owned enterprises." Article 8, Political Party Funding Act (PPFA), 2018. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
"(1) No person or entity may deliver a donation to a member of a political party other than for party political purposes. (2) A member of a political party may only receive a donation contemplated in subsection (1) on behalf of the party. (3) No person may circumvent subsections (1) or (2), or any of the provisions of this Chapter." Article 10, Political Party Funding Act (PPFA), 2018 |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
All organs of state are prohibited from contributing to political parties. Source
"(1) Political parties may not accept a donation from any of the following sources: (...) (c) organs of state." Article 8, Political Party Funding Act (PPFA), 2018. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for both natural and legal persons
Source
"(2) A political party may not accept a donation from a person or entity in excess of the prescribed amount within a financial year. (5) The total donations contemplated in subsection (4) is limited to a prescribed amount within a financial year." Article 8, Political Party Funding Act (PPFA), 2018.
|
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
Fifteen million rand per year (USD 830,000).
Source
"Upper limit of donations 7. The amount contemplated in section 8(2) of the Act is fifteen million rand within a financial year. Limit on donations from foreign entity 8. The amount contemplated in section 8(5) of the Act is five million rand within a financial year." Clauses 7 & 8 of Schedule 2 of the Political Party Funding Act (PPFA), 2018. |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Source
"(2) A political party may not accept a donation from a person or entity in excess of the prescribed amount within a financial year. (5) The total donations contemplated in subsection (4) is limited to a prescribed amount within a financial year." Article 8, Political Party Funding Act (PPFA), 2018. |
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
Fifteen million rand per year (USD 830,000).
Source
"Upper limit of donations 7. The amount contemplated in section 8(2) of the Act is fifteen million rand within a financial year. Limit on donations from foreign entity 8. The amount contemplated in section 8(5) of the Act is five million rand within a financial year." Clauses 7 & 8 of Schedule 2 of the Political Party Funding Act (PPFA), 2018. |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
Donations can only be received on behalf of party. |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Regular limit applies.
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No data
|
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Regular limit applies. In-kind donations are included in the definition of donation. Source
"donation in kind— (a) includes— (i) any money lent to the political party other than on commercial terms; (ii) any money paid on behalf of the political party for any expenses incurred directly or indirectly by that political party; (iii) the provision of assets, services or facilities for the use or benefit of a political party other than on commercial terms; or (iv) a sponsorship provided to the political party; but (b) does not include services rendered personally by a volunteer;" Article 1, Political Party Funding Act (PPFA), 2018. |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
Donations can only be received on behalf of party. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No data
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
Yes
Comment
If not granted on commercial terms, then loan is treated as an in-kind donation. Source
"donation in kind— (a) includes— (i) any money lent to the political party other than on commercial terms; (ii) any money paid on behalf of the political party for any expenses incurred directly or indirectly by that political party; (iii) the provision of assets, services or facilities for the use or benefit of a political party other than on commercial terms; or (iv) a sponsorship provided to the political party; but (b) does not include services rendered personally by a volunteer;" Article 1, Political Party Funding Act (PPFA), 2018. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No data
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Source
"(1) A political party must— (a) deposit all donations received by that political party, membership fees and levies imposed by the political party on its representatives into an account with a bank registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990), in that political party’s name;" Article 12, Political Party Funding Act (PPFA), 2018. |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
There is a Represented Political Party Fund (public funding) and a Multi-Party Democracy Fund (private funding) administered by the Electoral Commission (IEC). Source
"(1) A Represented Political Party Fund is hereby established for the purpose of enhancing multi-party democracy by providing for the funding of represented political parties." Article 2, Political Party Funding Act (PPFA), 2018. "(1) The Commission may allocate money from the Funds to a represented political party only." Article 6, Political Party Funding Act (PPFA), 2018.
|
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Representation in elected body
Source
"(1) The Commission may allocate money from the Funds to a represented political party only." Article 6, Political Party Funding Act (PPFA), 2018. |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal Proportional to seats received
Source
"(2) Any allocation from the Funds must be made to a represented political party in accordance with the prescribed formula. (3) The formula prescribed in subsection (2) must be based on— (a) in part, an equitable allocation taking into account a weighted scale of representation for an allocation to a represented political party; and (b) in part, a proportional allocation taking into account the relationship that the number of a represented political party’s representatives in both the National Assembly and the provincial legislatures bears to the sum of the seats in these legislatures. (4) The Commission must apply the formula prescribed in subsection (2) taking into account the number of representatives of each represented political party and the number of seats in the respective legislatures based on the results of the election." Article 6, Political Party Funding Act (PPFA), 2018. |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
The Political Party Funding Act lists uses disallowed of the Funds under Section 7 (2) Source
"(1) Subject to subsection (2), the money paid in terms of section 6(7) may be used by that represented political party for any purpose compatible with its functioning as a political party in a modern democracy including— (a) the development of the political will of the people; (b) bringing the political party’s influence to bear on the shaping of public opinion; (c) inspiring and furthering political education; (d) promoting active participation by individual citizens in political life; (e) exercising an influence on political trends; (f) ensuring continuous and vital links between the people and organs of state; and (g) complying with the provisions of this Act." Article 7, Political Party Funding Act (PPFA), 2018. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Source
"Airtime in respect of Party Election Broadcasts (PEBs) shall be allocated by the Authority to the registered political parties contesting the national and provincial elections on the basis of the respective formulae set out in Annexure A of these Regulations." Paragraph 5, Regulations on Party Election Broadcasts, Political Advertisements, the Equitable Treatment of Political Parties by Broadcasting Licensees and Related Matters, 2014. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Source
Annexure 5, Regulations on Party Election Broadcasts, Political Advertisements, the Equitable Treatment of Political Parties by Broadcasting Licensees and Related Matters, 2014. |
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
No data
|
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
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annual financial reports are due by 31 March of each year. The IEC published quarterly donation reports submitted by the political parties. Source
Articles 8 and 12, Political Party Funding Act (PPFA), 2018. Paragraph 11(2), Schedule 2 of Political Party Funding Act (PPFA), 2018. |
48. Do political parties have to report on their election campaign finances? |
Code
No
Comment
But, they need to disclose the election-related private financing and donations which are above a certain threshold. "The law calls on political parties to, through a juristic person or entity, disclose to the electoral commission all donations received that are above the prescribed threshold." "According to the bill, donations to politicians or their parties should be disclosed starting at 100,000 rand (about €6,000). " Source
|
49. Do candidates have to report on their election campaign finances? |
Code
No
Comment
But, they need to disclose the election-related private financing and donations which are above a certain threshold. "The law calls on political parties to, through a juristic person or entity, disclose to the electoral commission all donations received that are above the prescribed threshold." "According to the bill, donations to politicians or their parties should be disclosed starting at 100,000 rand (about €6,000). " Source
|
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Source
Articles 9, 14 and 22, Political Party Funding Act (PPFA), 2018. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Donations above 100,000 rand within a financial year are disclosed. Source
"The threshold referred to in section 9(1)(a) of the Act is R100 000,00 within a financial year." Paragraph 9, Schedule 2 of Political Party Funding Act (PPFA), 2018. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
"The separate books and records of account required by section 12(2)(c) of the Act must be kept according to generally recognised accepted accounting practices, and must include the following: (a) Records showing all transactions involving allocated moneys; (b) records showing all assets acquired with allocated moneys; (c) records showing commitments entered into in respect of allocated moneys; (d) a balance sheet; (e) an income and expenditure statement; and (f) a cash flow statement." Paragraph 10, Schedule 2 of Political Party Funding Act (PPFA), 2018. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
"(1) Financial statements prepared in relation to the Funds must show the amounts spent during a financial year in question by each represented political party that received allocations in accordance with these regulations in connection with purposes classifiable under the following descriptive categories: (a) Personnel expenditure; (b) accommodation; (c) travel expenses; (d) arrangement of meetings and rallies; (e) administration; (f) promotions and publications; and (g) legal expenses incurred in the public interest." Paragraph 11, Schedule 2 of Political Party Funding Act (PPFA), 2018. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
The Electoral Commission of South Africa (IEC). |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
The Electoral Commission of South Africa (IEC) and the Auditor General. Source
Article 22, Political Party Funding Act (PPFA), 2018. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Request additional information from potential violator
Request additional information from others
Impose sanctions
|
58. What sanctions are provided for political finance infractions? |
Code
Source
Articles 15-20, Political Party Funding Act (PPFA), 2018. |
