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Limpopo Political Party Fund Regulations, 2009

General Notice 286 of 2009

Limpopo Political Party Fund Regulations, 2009
This is the latest version of this General Notice.
Jurisdiction
Limpopo
Citation
General Notice 286 of 2009
Primary work
Limpopo Political Party Fund Act, 2008
Date
19 August 2009
Language
English
Publication
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Limpopo
South Africa
Limpopo Political Party Fund Act, 2008

Limpopo Political Party Fund Regulations, 2009

General Notice 286 of 2009

The Speaker of the Limpopo Provincial Legislature, Honourable Dr TS Farisani acting on the recommendation of a committee of the Limpopo Provincial Legislature, by notice in the Provincial Gazette, made the regulations in terms of section 10 of the Limpopo Political Party Fund Act, 2008 (Act No. 4 of 2008).

1. Definitions

In this schedule any word or expression to which a meaning has been assigned in the Limpopo Political Party Fund Act, 2008 shall bear such meaning and, unless the context indicates otherwise —“Act” means the Limpopo Political Party Fund Act, 2008 (Act No. 4 of 2008);“accounting officer” means an accounting officer of a political party appointed by that party in terms of section 6(1)(b) of the Act; and“Legislature” means the Limpopo Provincial Legislature.

2. Times and installments of payments

(1)Allocations to which a political party is entitled must be paid to the political party in question in one installment at the beginning of each financial year or as soon as the money becomes available.
(2)In the event of an election being called in terms of section 108(2) of the Constitution in respect of the Legislature, any outstanding payment still to be paid in terms of this Act to a political party represented in the Legislature must be suspended.
(3)An allocation suspended, as contemplated in subregulation (2), must be paid within two weeks of the date of election to the political parties that are represented in the Legislature as a result of the election.

3. Information and particulars to be submitted by political parties

(1)A political party must provide the Provincial Secretary of the Legislature with the particulars of the bank account contemplated in section 6(1)(a) of the Act within two weeks of such bank account being opened or within two weeks of any changes to such particulars.
(2)The statements contemplated in section 6(4) of the Act must, without limiting the generality thereof, at least contain the following descriptive categories:
(a)personnel expenditure, other than that prohibited under section 5(7) of the Act;
(b)accommodation;
(c)travel expenses;
(d)arrangement of meetings and rallies;
(e)administration; and
(f)promotions and publications.

4. Money carried forward at end of financial year

(1)Money not spent by a political party at the end of a financial year and which may be carried forward to the next financial year as contemplated in section 9(1)(a) of the Act is limited to not more than seventy five (75) percent of the allocation made for that financial year.
(2)Unspent money contemplated in subregulation (1) in excess of seventy five (75) percent must be repaid to the Fund as soon as possible after the end of the financial year to which the allocation relates.

5. Separate books and records of account

The separate books and records of account required by section 6(3) of the Act must be kept according to generally accepted accounting practices.

6. Formula for allocation from Fund

(1)The total amount of funding available for allocations from the Fund during a particular financial year must be announced by the Speaker of the Legislature within two weeks of the appropriation of funds as contemplated in section 2(2)(a) of the Act.
(2)The Provincial Secretary of the Legislature must make allocations from the Fund to the political parties in accordance with a prescribed formula based on—
(a)the total annual monetary allocation available for distribution divided by the total number of votes cast for each political party in the most recent general election for Provincial Legislatures, which will determine the average monetary value per voter; and
(b)the average monetary value per voter is to be multiplied by the actual number of votes cast in favour of each political party during the most recent general election, which will determine the total monetary value allocated for each qualifying political party.

7. Report on spending not in accordance with Act

The report from the accounting officer to the Provincial Secretary of the Legislature must contain the following information:
(a)the amount spent;
(b)reasons for spending not in accordance with the Act; and
(c)steps taken to recover the expenditure.

8. Appointment of accounting officer

Before any allocations may be made to a political party, the party concerned must notify the Provincial Secretary of the Legislature of the appointment and accept the appointment of an accounting officer as contemplated in section 6(1)(b) of the Act by submitting to the Provincial Secretary of the Legislature Form 1 and Form 2 contained in the Annexure to these regulations.

9. Short title

These regulations are called the Limpopo Political Party Fund Regulations, 2009.

Form 1

The Provincial Secretary

Limpopo Provincial Legislature

Appointment of accounting officer in terms of section 6(1)(b) of the Limpopo Political Fund Act, 2008

Name of party 
Name of party leader/whip 
I, the undersigned, ___________________________ hereby appoint as accounting officer in terms of section 6(1)(b) of the Limpopo Political Party Fund Act, 2008 and the provisions thereof and declare that I am duly authorised to make this appointment and that he/she is duly qualified to accept this appointment._______________________________________________Party Leader/Whip signatureDate: __________________________________________

Form 2

The Provincial Secretary

Limpopo Provincial Legislature

Acceptance as accounting officer in terms of section 6(1) of the Limpopo Political Fund Act, 2008

Name of party 
Name of accounting officer 
I, the undersigned, ___________________________ hereby accept my appointment as accounting officer in terms of section 6(1)(b) of the Limpopo Political Party Fund Act, 2008 and the provisions thereof and fully understand and subscribe to the provisions thereof and related regulations.I further declare that I am duly authorised to accept this appointment.__________________________________________Accounting OfficerDate: _____________________________________

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19 August 2009 this version
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