Political Parties Act, 2000 (Act 574)

Political parties may be formed for lawful purposes, and citizens of voting age have the right to form or join a party.

Citizens of voting age have a right to take part in political activity, and members of organisations or interest groups cannot be forced to join a political party. It is an offence to suppress lawful political activity or to require someone to join a political party.

Political parties must not be formed on ethnic, gender, religious, regional, professional, or other sectional divisions, and must not use words, slogans, or symbols that could arouse such divisions.

Political parties must register under the Act and pay registration fees set by the Electoral Commission.

The Commission must register all political parties under this Act.

For a public election, no person may canvass for votes or put forward a candidate in the name of an organisation unless that organisation is registered as a political party under the Act.

Political parties must keep their officers as the founding members determine, and they must not include people who are unqualified for Parliament or public office; only citizens may be appointed or become members.

A political party must apply to the Commission with specified documents and fees, and the Commission must publish notice, consider objections, and decide registration within the stated time limits.

The Commission may not register a political party unless the party meets the listed conditions on structure, representation, regional presence, local membership, symbols, and compliance with the Act.

A prospective political party must not submit a registration symbol, slogan, colour, or name that matches, or closely resembles, an existing registered party’s or the Republic’s identifying marks.

When a political party is registered, the Commission must issue it a final certificate of registration.

A political party whose registration is refused may ask the Commission to reconsider, and if the Commission still refuses or does not register it within seven days, the party may appeal to the Court of Appeal.

Political parties must file a written assets-and-expenditure declaration with the Commission within 90 days of registration, and the Commission must publish it in the Gazette within 30 days of receipt.

Political parties must file election-related asset/liability and expenditure statements with the Commission on set deadlines, supported by a statutory declaration; the Commission may cancel registration for non-compliance or false statements.

A political party must, within 90 days after getting its final registration certificate, give the Commission details of its offices and submit its officers’ and auditors’ names and addresses.

A political party whose registration is cancelled by the Commission under sections 13, 14, or 15 may appeal to the Court of Appeal.

Political parties must elect their executive officers, with the Commission supervising the elections; pending that election, interim executive officers chosen by members must file the party’s registration application with the Commission.

A registered political party must notify the Commission when certain details change, and the Commission must publish the change in the Gazette within 14 days.

If registered political parties merge into one party, each pre-merger party’s registration lapses and the new party must register under the Act.

If registered political parties form an alliance, each party still stays separate and must share the alliance agreement with the Commission when directed; candidates and fees must be shown or paid separately.

Political parties must file annual returns and audited accounts with the Commission within six months after 31 December each year.

The Commission may ask a political party’s executive officer, in writing and on stated grounds, for records or other reasonably required information; the party or officer must comply.

A citizen may contribute cash or in kind to a political party’s funds. Some citizen-owned businesses are treated as citizens for this Act.

Non-citizens must not give money, goods, loans, donations, or contributions to political party funds, and political parties must not demand or accept them from non-citizens.

Money or property paid in breach of sections 23 or 24 must be forfeited to the State and paid over by whoever holds it. A non-citizen convicted under section 24 is treated as a prohibited immigrant and may be deported.

Chiefs and certain people not eligible for Parliament cannot hold party leadership roles or party office, and chiefs and public officers cannot canvass for or against a political party or election candidate.

A political party’s registration can be cancelled by court order, and once cancelled, people are barred from participating in party meetings or dealing with the party’s funds.

A political party planning a public meeting must comply with the rules for holding a special event.

If the Act requires the Commission to publish something in the Gazette, the Commission may also publish it in national newspapers, on radio, and on television, and in exceptional cases may use those channels instead of the Gazette.

This section makes contravening the Act an offence, sets a general penalty of a fine, imprisonment, or both, and extends liability to certain officers, directors, secretaries, and partners.

On the Commission’s application, the High Court may make just and equitable orders to wind up and dissolve a political party whose registration has been cancelled, including dealing with its property, assets, rights, and liabilities.

The Commission may make regulations by constitutional instrument to give full effect to the Act, and the chairman’s or Deputy Chairman’s signature is enough to authenticate Commission acts or actions.

This section defines several terms used in the Act, including “Commission,” “district,” “political party,” and “symbol.”

This section repeals two named political parties laws and preserves the validity of regulations, registrations, and certificates made under them.