29. What are the eligibility criteria for political parties to receive public funding?

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

Registered political parties receive funding according to the number of members of that party sitting in Parliament on 1 March of each year, as determined by the Integrity of Political Parties and Candidates Commission.  Politcal parties must apply for the payment and are not erligible to receive the funding if they have not submitted their post election or subsequent annual financial report.