22. Is there a limit on in-kind donations to candidates?

“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