Parliamentary year following that in which the by-election was held, having regard to any changes in the total number of votes cast consequent on such by-election36. Since it is only political parties which are entitled to public funding in terms of the Act (independent candidates are excluded), no account is taken of votes cast for any member of Parliament who stands as an independent candidate at the general election or by-election concerned but subsequently forms or joins a political party37. Political parties which qualify for public funding and wish to receive funding in terms of the Act shall, in terms of section 4 of the Act, make an application to the Minister of Justice, in the prescribed manner, not later than the end of the financial year in which a general election is held. The Political Parties (Finance) Regulations, 1995, Statutory Instrument 36 of 1995, contain a prescribed form which a political party applying for registration must complete. Basically the information required in the application relates to details of the political parties’ candidates in the forthcoming general election, such as their national registration numbers and the constituencies for which they are standing for election38. If the Minister is satisfied that the political party concerned qualifies for public funding, he/she shall accordingly notify the political party in writing that it qualifies for public funding. If he/she is not so satisfied, he/she shall reject the application and forthwith notify the political party giving the reasons for his/her. If the political party is aggrieved by the Minister’s decision, it may appeal to the High Court from that decision, which may confirm, vary or reverse the Minister’s decision. There seems, however, to be a contradiction between the Act and the Regulations with regard to the full import of section 4 of the Act. Section 4 of the Act, whose subtitle is “application for payment of moneys to qualifying political parties”, requires political parties which qualify for public funding and wish to receive such funding to make an application to the Minister of Justice. The Consultant is of the view that this provision is quite clear. If any political party believes that it qualifies for public funding, it shall apply to the Minister of Justice so that it receives such funding. If the Minister is satisfied that the political party concerned indeed qualifies for public funding, then he/she shall notify the political party in writing that it qualifies for funding. If he/she is not satisfied that the political party is qualified for public funding, he/she will reject the application and immediately notify the political party. 36 Section 3(4) of the Act. Section 3(5) of the Act. 38 Section 2 of the Regulations as read with the Schedule. 37 14