Political Party Funding Act, 2018 (Act No. 6 of 2018)

Chapter 4 : Duties of Political Parties, Independent Representatives and Independent Candidates

13. Unspent money at end of financial year

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(1) Any money allocated from the Funds to a represented political party or independent representativethat is unspent at the end of the financial year must be shown as a credit balance carried forward to the next financial year in the—
(a) account contemplated in section 12(1)(b) or section 12A(1)(b); and
(b) books and records of account contemplated in section 12(2)(c) or section 12A(1)(d).

[Section 13(1) substituted by section 19(a) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]

 

(2) If Parliament or a provincial legislature is dissolved in terms of section 50 or section 109 of the Constitution respectively, or when the terms of these legislatures expire, a represented political party or independent representative to whom money has been allocated from the Funds and that fails to obtain representation in any legislature in the next election must—
(a) within 21 days after that election—
(i) close the books and records in respect of those Funds; and
(ii) repay to the Commission the unspent balance of the money allocated to that political party or independent representative;
(b) within three months after that election, submit an audited financial statement of the books and records contemplated in paragraph (a)(i) to the Commission.

[Section 13(2) substituted by section 19(b) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]

 

(3) If a vacancy occurs or a member of a political party or an independent representative resigns from Parliament or a provincial legislature, a represented political party or independent representative to whom money has been allocated from the Funds, must—
(a)within 21 days after that vacancy or resignation occurs—
(i) close the books and records in respect of those Funds; and
(ii) repay to the Commission the unspent balance of the money allocated to that political party or independent representative; and
(b) within three months after resignation or after the vacancy occurs, submit an audited financial statement of the books and records contemplated in paragraph (a)(i) to the Commission.

[Section 13(3) inserted by section 19(c) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]