DRAFT 3

(11/08/2005)

PRESIDENT’S MINUTE NO.

PUBLIC FUNDING OF REPRESENTED POLITICAL PARTIES ACT, 1997 (ACT NO. 103 OF 1997)

AMENDMENT REGULATIONS

Under section 10 of the Public Funding of Represented Political Parties Act, 1997 (Act No.103 of 1997), I, acting on recommendations of a joint committee of the National Assembly and the National Council of Provinces, hereby make the regulations in the Schedule.

 

Given under my Hand and the Seal of the Republic of South Africa at ………

this ……………..… day of ………………………….. Two Thousand and Five.

 

 

PRESIDENT

MINISTER OF THE CABINET

 

 

SCHEDULE

Definitions

1. In this Schedule "the Regulations" means the regulations published under Government Notice No. R 117 of 20 November 1998.

Amendment of Regulation 5 of the Regulations

2. Regulation 5 of the Regulations is hereby amended—

(a) by the substitution for subregulation (1) of the following subregulation:

"(1) [All] Subject to subregulation (4) (3), all allocations to which a political party is entitled as determined in terms of regulations 3 and 4, must be paid to the political party in question in four equal instalments, each within three months of the previous payment. The first instalment must be paid within four weeks of the beginning of the financial year in question."; and

(b) by the addition of the following subregulations:

"(3) (a) A party that repays moneys to the Commission in terms of section 5(6)(a) of the Act must provide the Commission with the name and particulars of the banking account of the new party to which such moneys must be paid over.

(b) The Commission must, within 14 days after the receipt of the moneys repaid in terms of section 5(6)(a) of the Act, pay the moneys so received to the new party referred to in paragraph (a) if that party, after the expiry of the period referred to in item 5(3) of Schedule 6A to the Constitution, qualifies for the allocation of moneys from the Fund in terms of section 5(1)(a) of the Act.

(4) (3) (a) The Commission must, within ten days after the expiry of the period referred to in item 5(3) of Schedule 6A to the Constitution, distribute re-allocate in accordance with the provisions of regulations 3 and 4, as the case may be, fifty (50) per cent of the total amount of funding determined in terms of regulation 2(1) for the financial year in question to the political parties that, at the expiry of the period referred to in item 5(3) of Schedule 6A to the Constitution, qualify for the allocation of moneys from the Fund in terms of section 5(1)(a) of the Act.

(b) All allocations to which a political party is entitled in terms of paragraph (a), must be paid to the political party in question in two equal instalments. The first instalment must be paid within the first fifteen days of October and the second instalment must be paid within the first fifteen days of January of the financial year in question.".

 

Amendment of Regulation 8 of the Regulations

3. Regulation 8 of the Regulations is hereby amended by the substitution for subregulation (2) of the following subregulation:

"(2) The information required for the purposes of subregulation (1) must be furnished to the Commission—

(a) by the accounting officer referred to in section 6(1) of the Act within three months after the end of the financial year in question; or

    1. in the case of a political party contemplated in section 6A(3) of the Act, by the person who last held the office of accounting officer of that party or, if he or she is not available, the leader of that party within three two months after the date on which the books and records of account of the party were closed a party is required to close its books and records of account in terms of section 6A(4).".