| (1) | The Executive Authority must make regulations concerning the allocation and use of any funds provided by Parliament to political parties or to Members of Parliament who are nominated by political parties or who are independent representatives. |
[Section 34(1) substituted by section 44(a) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7th May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]
| (2) | Before making regulations in terms of subsection (1)— |
| (a) | the Speaker of the National Assembly must consult with the political parties represented and independent representatives in the National Assembly; and |
| (b) | if delegations in, or individual delegates to, the National Council of Provinces are to receive funds, the Chairperson of the National Council of Provinces must consult with the delegations in the Council. |
[Section 34(2)(a) substituted by section 44(b) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7th May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]
| (a) | regulate the allocation of funds in an equitable manner; |
| (b) | specify the purposes for which funds may be used; |
| (c) | provide for the prompt payment of funds into a bank account; |
| (d) | stipulate the responsibilities of the Members of Parliament and parties to account for allocated funds; |
| (e) | establish a procedure according to which Members of Parliament and parties account for the use of funds; |
| (f) | prescribe a format for financial statements for accounting for the use of funds; |
| (g) | require parties and independent representatives to submit audited financial statements in the prescribed format to the Accounting Officer; |
| (h) | provide for the recovery of funds spent irregularly; and |
| (i) | establish a dispute resolution procedure. |
[Section 34(3)(g) substituted by section 44(c) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7th May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]
| (4) | The regulations must authorise the Accounting Officer to withhold funds allocated to a party or a Member of Parliament— |
| (a) | until the Accounting Officer receives— |
| (i) | adequate information concerning the ability of the party or Member to manage and account for the funds; |
| (ii) | any outstanding audit reports on the use of parliamentary funds by the party or Member; and |
| (iii) | any other information reasonably necessary to confirm that the party or Member is entitled to the funds; and |
| (b) | in instances of a modified audit opinion in respect of such funding, until adequate measures are put in place to rectify the issues giving rise to the modified audit opinion. |
[Section 34(4)(b) amended by section 13(a) of Act No. 34 of 2014]
| (4A) | For the purposes of this section 'modified audit opinion' includes a qualified opinion, an adverse opinion and a disclaimer of opinion. |
[Section 34(4A) inserted by section 13(b) of Act No. 34 of 2014]
| (5) | Each party represented in the Assembly must be provided with financial and administrative assistance in proportion to its representation to enable it and its leader to perform their functions in Parliament effectively and each independent representative must be provided with financial and administrative assistance in proportion to their representation to enable them to perform their functions in Parliament effectively . |
[Section 34(5) substituted by section 44(d) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7th May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]
