General Laws Loss of Membership of National Assembly, Provincial Legislature or Municipal Council Amendment Act
If a political party stops qualifying for funding, the allocation ends and the party must repay the Commission any unspent funds within 21 days.
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- South Africa
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- Act or statute
- Citation
- Act 55 of 2008
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- en
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About this statute
If a political party stops qualifying for funding, the allocation ends and the party must repay the Commission any unspent funds within 21 days. Political parties that receive money from the Fund must keep a separate bank account, appoint an accounting officer, and submit accounts for audit; the Commission may also appoint an auditor in some cases. This section repeals section 6A of the Funding Act, and also refers to repeal of section 9A of Act 103 of 1997. Section 9A of the Funding Act is repealed. This section amends section 10 of the Funding Act to state that procedures for payments from and to the Fund may be prescribed after an election of Parliament or a provincial legislature.
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Provisions of General Laws Loss of Membership of National Assembly, Provincial Legislature or Municipal Council Amendment Act
Showing 22 of 22
- 1 Verify source ↗
Section 5 of the Public Funding of Represented Political Parties Act, 1997
AI-assisted research summary: If a political party stops qualifying for funding, the allocation ends and the party must repay the Commission any unspent funds within 21 days.
1. Section 5 of the Public Funding of Represented Political Parties Act, 1997 (hereinafter referred to as the Funding Act), is hereby amended by the substitution for subsection (4) of the following subsection: 5 "(4) The allocation of moneys from the Fund to a political party will end when the party ceases [qualifying therefor] to qualify for it in terms of subsection (\)(a). [Subject to section 6A, a] A political party must 10 within 21 days after the date on which it has so ceased to qualify, repay to the Commission the unspent balances, as at that date, of all moneys that had been allocated to it in terms of this section.". Amendment of section 6 of Act 103 of 1997, as amended by section 3 of Act 15 of 2005 15 - 2 Verify source ↗
Section 6 of the Funding Act is hereby amended—
AI-assisted research summary: Political parties that receive money from the Fund must keep a separate bank account, appoint an accounting officer, and submit accounts for audit; the Commission may also appoint an auditor in some cases.
2. Section 6 of the Funding Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "(1) Every political party to which moneys are allocated from the Fund[, must]— (a) must keep, with a bank registered in the Republic, a separate 20 banking account into which all moneys so allocated to the party must be deposited; [and] (b) must appoint an office-bearer or official of that party as its accounting officer with regard to all moneys from time to time allocated to that party from the Fund. The accounting officer's 25 responsibility is to account for the moneys so allocated to that party, and includes, in addition to any other duties imposed by this Act, the duty to ensure the party's compliance with the requirements of this Act, and, in particular, to ensure that those moneys are not paid out for a purpose not authorised by this Act; and is accountable to the Commission in respect of all moneys so allocated to that party."; (c) 30 (b) by the substitution in subsection (3) for paragraph (b) of the following paragraph: "(b) submit that statement and those books and records of account to [a 35 public accountant and] an auditor registered and practising as such in terms of the [Public Accountants' and Auditors' Act, 1991 (Act No. 80 of 1991)] Auditing Profession Act, 2005 (Act No. 26 of 2005), to be audited."; and (c) by the insertion of the following subsection after subsection (5): 40 "(5A) (a) The Commission may appoint an auditor registered and practising as such in terms of the Auditing Profession Act, 2005, t< (i) verify the auditor's report and audited statement submitted to it in (ii) terms of subsection (5); or audit the statement referred to in subsection (3) and the books and records of account kept in terms of this section if the accounting officer of a political party fails to have that statement and those books and records of account audited as contemplated in subsection (3). (b) Subsection (4) applies, with the necessary changes, to an auditor who has performed an audit contemplated in paragraph (a)(\\). 45 50 6 No. 31787 Act No. 55, 2008 GOVERNMENT GAZETTE, 9 JANUARY 2009 GENERAL LAWS (LOSS OF MEMBERSHIP OF NATIONAL ASSEMBLY, PROVINCIAL LEGISLATURE OR MUNICIPAL COUNCIL) AMENDMENT ACT, 2008 (c) The verification of the auditor's report and audited statement contemplated in paragraph (a)(i) or the auditor's report and audited statement contemplated in paragraph (a)(ii), as the case may be, must be submitted to the Commission by the auditor concerned within one month after the date of his or her appointment by the Commission.". 5 Repeal of section 6A of Act 103 of 1997, as inserted by section 4 of Act 15 of 2005 - 3 Verify source ↗
Section 6A of the Funding Act is hereby repealed.
AI-assisted research summary: This section repeals section 6A of the Funding Act, and also refers to repeal of section 9A of Act 103 of 1997.
3. Section 6A of the Funding Act is hereby repealed. Repeal of section 9A of Act 103 of 1997, as inserted by section 7 of Act 15 of 2005 - 4 Verify source ↗
Section 9A of the Funding Act is hereby repealed.
AI-assisted research summary: Section 9A of the Funding Act is repealed.
4. Section 9A of the Funding Act is hereby repealed. Amendment of section 10 of Act 103 of 1997, as amended by section 8 of Act 15 of 10 2005 - 5 Verify source ↗
Section 10 of the Funding Act is hereby amended by the substitution in subsection
AI-assisted research summary: This section amends section 10 of the Funding Act to state that procedures for payments from and to the Fund may be prescribed after an election of Parliament or a provincial legislature.
5. Section 10 of the Funding Act is hereby amended by the substitution in subsection (1) for paragraph (d) of the following paragraph: "(d) prescribing the procedure according to which and manner in which payments from, and to, the Fund are to be made after any election of Parliament or a 15 provincial legislature [or the expiry of the period referred to in item 4(l)(a) or (b) of Schedule 6A to the Constitution]; and". Amendment of Preamble of Act 103 of 1997, as amended by section 9 of Act 15 of 2005 - 6 Verify source ↗
The Preamble of the Funding Act is hereby amended by the deletion of the fifth 20
AI-assisted research summary: The Funding Act’s Preamble is amended by deleting the fifth paragraph.
6. The Preamble of the Funding Act is hereby amended by the deletion of the fifth 20 paragraph. Amendment of section 2 of Act 69 of 1998, as amended by section 11 of Act 15 of 2005 - 7 Verify source ↗
Section 2 of the Determination of Delegates (National Council of Provinces) Act,
AI-assisted research summary: This section replaces subsection (4) to say how special delegates and permanent delegates are allocated when provincial vote totals are below, above, or tied at the relevant thresholds.
7. Section 2 of the Determination of Delegates (National Council of Provinces) Act, 1998, is hereby amended by the substitution for subsection (4) of the following 25 subsection: "(4) (a) If the total number of special delegates determined in terms of subsection (3) in respect of a particular provincial legislature is less than four, the delegates of the parties that are entitled to only one delegate in the delegation of that province must, despite subsection (1), become special delegates in the 30 sequence from the lowest to the highest number of votes[, including combined votes in the case of a merged party contemplated in section 6\(2)(b) of the Constitution,] that have been recorded for those parties during the last election of that provincial legislature, until four special delegates have been allocated to parties in the provincial delegation. 35 (b) If the total number of special delegates determined in terms of subsection (3) in respect of a particular provincial legislature is more than four, those special delegates must, despite subsections (2) and (3), become permanent delegates in the sequence from the highest to the lowest number of votes[, including combined votes in the case of a merged party contemplated in section 61(2)(b) of the 40 Constitution,] that have been recorded for the parties concerned during the last election of that provincial legislature, until six permanent delegates have been allocated to parties in the provincial delegation. [(c) For the purposes of paragraphs (a) and (b), any party that is entitled to a delegate in the delegation of the province concerned and that— 45 (i) came into existence on account of a change of party membership or subdivision of parties contemplated in section 61(2)(ft) of the Constitu tion; and 8 No. 31787 Act No. 55, 2008 GOVERNMENT GAZETTE, 9 JANUARY 2009 GENERAL LAWS (LOSS OF MEMBERSHIP OF NATIONAL ASSEMBLY, PROVINCIAL LEGISLATURE OR MUNICIPAL COUNCIL) AMENDMENT ACT, 2008 (ii) did not participate in the last election of that provincial legislature, must be regarded as having recorded no votes during the last election of the provincial legislature concerned.] (d) If more than one party that is entitled to a delegate in a provincial legislature recorded the same number of votes during the last election of that provincial legislature [or must be regarded in terms of paragraph (c) as having recorded no votes during that election], the legislature concerned must, in a manner that is consistent with democracy— 5 (i) (ii) in the case of paragraph (a), elect so many delegates from the delegates of those parties to become special delegates as may be required to allocate 10 four special delegates to parties in the provincial delegation; or in the case of paragraph (b), despite subsections (2) and (3), elect so many special delegates of those parties to become permanent delegates as may be required to allocate six permanent delegates to parties in the provincial delegation.". 15 Amendment of item 23 of Schedule 1A to Act 73 of 1998, as inserted by section 25 of Act 34 of 2003 - 8 Verify source ↗
Item 23 of Schedule 1A to the Electoral Act, 1998, is hereby amended by the
AI-assisted research summary: If a legislature seat becomes vacant, the party the departing member represented must fill it by nominating the next qualified and available person on the relevant candidate list.
8. Item 23 of Schedule 1A to the Electoral Act, 1998, is hereby amended by the substitution for subitem (1) of the following subitem: "(1) In the event of a vacancy in a legislature to which this Schedule applies, the 20 party which the vacating member represented must fill the vacancy by nominating a person— (a) whose name appears on the list of candidates— from which that party's members were originally nominated; [or (i) (ii) where applicable, submitted by a party in terms of item 5(2) of 25 Schedule 6A to the Constitution;] and (b) who is the next qualified and available person on the list.". Amendment of section 26 of Act 117 of 1998, as amended by section 1 of Act 20 of 2002 and section 9 of the Constitution Tenth Amendment Act of 2003
Part
Schedule 6A to the Constitution;] and
- 9 Verify source ↗
Section 26 of the Local Government: Municipal Structures Act, 1998 (hereinafter 30
AI-assisted research summary: A local council representative on a district council serves until the next local council is declared elected, unless replaced under the cited constitutional item.
9. Section 26 of the Local Government: Municipal Structures Act, 1998 (hereinafter 30 referred to as the Structures Act), is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph: "(b) is appointed as a representative of a local council to a district council for a period ending when the next local council is declared elected[, except that where such a person is replaced as a result of the provisions of item 6(a) 35 of Schedule 6B to the Constitution, the newly appointed representative is appointed for the remainder of the replaced representative's term].". Amendment of section 27 of Act 117 of 1998, as amended by section 93 of Act 27 of 2000, section 121 of Act 32 of 2000 and section 2 of Act 20 of 2002 - 10 Verify source ↗
Section 27 of the Structures Act is hereby amended—
AI-assisted research summary: This section amends section 27 of the Structures Act by adding situations where a councillor or member loses party membership-related eligibility.
10. Section 27 of the Structures Act is hereby amended— (a) by the insertion after paragraph (b) of the following paragraph: "(c) was elected from a party list referred to in Schedule 1 or 2 and ceases to be a member of the relevant party;"; and (b) by the addition of the following paragraph: "(f) was elected to represent a ward and who— 40 45 (i) was nominated by a party as a candidate in the ward election and ceases to be a member of that party; or (ii) was not nominated by a party as a candidate in the ward election and becomes a member of a party.". 10 No. 31787 Act No. 55, 2008 GOVERNMENT GAZETTE, 9 JANUARY 2009 GENERAL LAWS (LOSS OF MEMBERSHIP OF NATIONAL ASSEMBLY, PROVINCIAL LEGISLATURE OR MUNICIPAL COUNCIL) AMENDMENT ACT. 2008 Amendment of section 29 of Act 117 of 1998, as amended by section 3 of Act 20 of 2002 and section 9 of the Constitution Tenth Amendment Act of 2003 - 11 Verify source ↗
Section 29 of the Structures Act is hereby amended by the deletion of subsection
AI-assisted research summary: This provision amends section 29 of the Structures Act by deleting subsection (3).
11. Section 29 of the Structures Act is hereby amended by the deletion of subsection (3). Amendment of section 62 of Act 117 of 1998, as amended by section 4 of Act 20 of 2002 5 - 12 Verify source ↗
Section 62 of the Structures Act is hereby amended by the deletion in subsection
AI-assisted research summary: This provision amends section 62 of the Structures Act by deleting paragraph (cA) in subsection (1).
12. Section 62 of the Structures Act is hereby amended by the deletion in subsection (1) of paragraph (cA). Amendment of section 63 of Act 117 of 1998, as substituted by section 5 of Act 20 of 2002 and amended by section 9 of the Constitution Tenth Amendment Act of 2003 10 - 13 Verify source ↗
Section 63 of the Structures Act is hereby amended—
AI-assisted research summary: This section amends section 63 so that metropolitan subcouncils are composed and appointed under revised rules.
13. Section 63 of the Structures Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "(1) Each metropolitan subcouncil consists of— (a) the councillors representing the wards included in the subcouncil area; and 15 (b) an additional number of councillors allocated in terms of Part 1 of Schedule 4[, except that where— (i) metropolitan subcouncils are established; (ii) the areas of existing metropolitan subcouncils are changed; or 20 (iii) the number of existing metropolitan subcouncils are changed, after the composition of a metro council has changed as a result of the provisions of item 2, 3 or 7 of Schedule 6B to the Constitution, the additional number of councillors is deter- 25 mined by the metro council so that the seats held by councillors referred to in subsection (2)(a) are as far as possible equally distributed amongst all the metropolitan subcouncils]."; (b) by the deletion of subsection (1A); and (c) by the substitution for subsection (2) of the following subsection: "(2) The councillors referred to in subsection (\)(b) must— (a) consist of councillors elected to the metro council from party lists in accordance with Part 3 of Schedule 1; and (b) be appointed to the metropolitan subcouncil— (i) in accordance with Part 1 of Schedule 4[; or (ii) where the composition of the metro council in question has changed as a result of the provisions of item 2, 3 or 7 of Schedule 6B to the Constitution, in accordance with the mechanism referred to in section 62(l)(cA)].". 30 35 Substitution of section 66 of Act 117 of 1998, as substituted by section 6 of Act 20 of 40 2002 and amended by section 9 of the Constitution Tenth Amendment Act of 2003
Part
Schedule 6B to the Constitution, in accordance with the
- 14 Verify source ↗
The following section is hereby substituted for section 66 of the Structures Act:
AI-assisted research summary: Members of a metropolitan subcouncil are appointed until the next metro council is declared elected, subject to section 67; if a member is replaced under Schedule 6B item 6(b), the new member serves the rest of the replaced member’s term.
14. The following section is hereby substituted for section 66 of the Structures Act: "Term of office of members 66. (1) The section 63(\)(b) members of a metropolitan subcouncil are appointed for a term ending, subject to [subsection (2) and] section 67, 45 when the next metro council is declared elected. [(2) Where a section 63(l)(b) member of a metropolitan subcouncil is replaced as a result of the provisions of item 6(b) of Schedule 6B to the Constitution, the newly appointed member is, subject to section 67, appointed for the remainder of the replaced member's term.]". 50 12 No. 31787 Act No. 55, 2008 GOVERNMENT GAZETTE, 9 JANUARY 2009 GENERAL LAWS (LOSS OF MEMBERSHIP OF NATIONAL ASSEMBLY, PROVINCIAL LEGISLATURE OR MUNICIPAL COUNCIL) AMENDMENT ACT, 2008 Repeal of sections 93A and 93B of Act 117 of 1998, as inserted by section 7 of Act 20 of 2002 and amended by section 9 of the Constitution Tenth Amendment Act of 2003 - 15 Verify source ↗
Sections 93A and 93B of the Structures Act are hereby repealed.
AI-assisted research summary: Sections 93A and 93B of the Structures Act are repealed.
15. Sections 93A and 93B of the Structures Act are hereby repealed. Substitution of item 10 of Schedule 1 to Act 117 of 1998, as substituted by section 93 of Act 27 of 2000 and section 8 of Act 20 of 2002 and amended by section 9 of the Constitution Tenth Amendment Act of 2003 5 - 16 Verify source ↗
The following item is hereby substituted for item 10 of Schedule 1 to the
AI-assisted research summary: Only a party may submit a list of candidates, and a qualifying party may submit within seven days after the relevant period expires.
16. The following item is hereby substituted for item 10 of Schedule 1 to the Structures Act: "Submission of lists of candidates 10 10. (1) A list of candidates may be submitted only by a party. [(2) A party that has gained representation in a municipality as a result of the provisions of item 2, 3 or 7 of Schedule 6B to the Constitution, may submit a list of candidates within seven days after the expiry of a period referred to in item 4(l)(a)(i) or (ii) of Schedule 6B 15 to the Constitution.]". Substitution of item 4 of Schedule 2 to Act 117 of 1998, as substituted by section 93 of Act 27 of 2000 and section 9 of Act 20 of 2002 and amended by section 9 of the Constitution Tenth Amendment Act of 2003 - 17 Verify source ↗
The following item is hereby substituted for item 4 of Schedule 2 to the Structures 20
AI-assisted research summary: Only a party may submit a list of candidates.
17. The following item is hereby substituted for item 4 of Schedule 2 to the Structures 20 Act: "Submission of lists of candidates 4. (1) A list of candidates may be submitted only by a party. [(2) A party that has gained representation in a municipality as a result of the provisions of item 2, 3 or 7 of Schedule 6B to the 25 Constitution, may submit a list of candidates within seven days after the expiry of a period referred to in item 4(l)(a)(i) or (ii) of Schedule 6B to the Constitution.]". Amendment of Table of Contents of Act 117 of 1998, as amended by section 11 of Act 20 of 2002 and section 9 of the Constitution Tenth Amendment Act of 2003 30 - 18 Verify source ↗
The Table of Contents of the Structures Act is hereby amended by the deletion of
AI-assisted research summary: This section amends the Structures Act’s table of contents by deleting references to sections 93A and 93B, and it states a repeal of section 12 of Act 20 of 2002 as amended.
18. The Table of Contents of the Structures Act is hereby amended by the deletion of the references to sections 93A and 93B, respectively. Repeal of section 12 of Act 20 of 2002, as amended by section 9 of the Constitution Tenth Amendment Act of 2003 - 19 Verify source ↗
Section 12 of the Local Government: Municipal Structures Amendment Act, 35
AI-assisted research summary: This section repeals Section 12 of the Local Government: Municipal Structures Amendment Act, 35 2002.
19. Section 12 of the Local Government: Municipal Structures Amendment Act, 35 2002, is hereby repealed. Repeal of section 13 of Act 20 of 2002 - 20 Verify source ↗
Section 13 of the Local Government: Municipal Structures Amendment Act,
AI-assisted research summary: This section repeals Section 13 of the Local Government: Municipal Structures Amendment Act, 2002.
20. Section 13 of the Local Government: Municipal Structures Amendment Act, 2002, is hereby repealed. Amendment of section 14 of Act 20 of 2002 40 - 21 Verify source ↗
Section 14 of the Local Government: Municipal Structures Amendment Act,
AI-assisted research summary: This provision amends section 14 of the Local Government: Municipal Structures Amendment Act, 2002 by deleting subsection (2).
21. Section 14 of the Local Government: Municipal Structures Amendment Act, 2002, is hereby amended by the deletion of subsection (2). 14 No. 31787 Act No. 55, 2008 GOVERNMENT GAZETTE, 9 JANUARY 2009 GENERAL LAWS (LOSS OF MEMBERSHIP OF NATIONAL ASSEMBLY, PROVINCIAL LEGISLATURE OR MUNICIPAL COUNCIL) AMENDMENT ACT. 2008 Short title and commencement - 22 Verify source ↗
This Act is called the General Laws (Loss of Membership of National Assembly,
AI-assisted research summary: This section gives the Act its short title and says it starts on a date fixed by the President in the Gazette.
22. This Act is called the General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Act, 2008, and comes into operation on a date set by the President by proclamation in the Gazette.
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General Laws Loss of Membership of National Assembly, Provincial Legislature or Municipal Council Amendment Act
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