Once the principle of public funding is accepted, then it begets the question of accountability for those taxpayers
funds. Political parties, to the extent that they perform a socially desirable function in a democratic system, must be
required to account publicly for the sources and uses of not only public funds obtained, but other sources of funding
as well. This is meant to ensure public knowledge of all contributions large enough to have a significant influence on
party policy. Germany goes further by requiring that the internal organisation of political parties “conform to
democratic principles.”
In South Africa, the rights in respect of free political participation are not absolute. In terms of the Electoral Law, no
political party may participate in an election unless it is registered as a political party and in order to register, a party
must supply various particulars and a deposit must be paid. Further, inside the legislature itself, the rules of procedure
in terms of the South African Constitution must provide for financial and administrative assistance to parties in
parliament to enable them to perform their functions effectively (Rautenbach and Malhembe 1999, 136). In national
legislation, provision must also be made for the funding on a proportional basis of political parties that participate in
national and provincial legislatures. This is consummated in the Public Funding of Represented Political Parties
which created a fund for party funding of only those parties represented in the National Assembly or provincial
legislature.
In Canada, one response to the traditional techniques of party finance was the passage of the Election Expenses Act
in 1974 which not only regulated party fundraising activities but also provided public subsidies for election expenses.
One significant requirement of the Act is that the parties have to file an annual financial report with the Chief
Electoral Officer. In addition to requiring an annual report, the Election Expenses Act
puts a ceiling on the amount of money that parties and candidates can spend;
it provides for the disclosure to the sources of party and candidate incomes;
grants subsidies for candidate expenses and party media advertising; and
establishes a tax credit for people contributing to party funds (Landes 1983, 281).
The effectiveness of this Act in curbing some of the undesirable party financing practices was open to challenge. First
was that the limits to party and candidate expenditures were set relatively high. In other words, the ceiling was set so
high that no party could reasonably exceed it and as such, the legislation did not really curtail party spending in
campaigns. A second defect concerned the amount of individual contributions: any donation of over C$100 must be
disclosed, but no limit was put on how much can be given. Thus, the financial dependence on small groups of
financial backers and donors was not greatly diminished. Third, the enforcement provisions for violations of this Act
were weak in that it was up to the public or the various parties to lay complaints with the Chief Electoral Officer.
Given these limitations of this 1974 Act, the traditional pattern of party finance remained largely in place, with public
funding grafted on. The chief critique of this Act then was that it provided a legal way of raiding the public treasury
without either curbing traditional patterns of party financing or giving the public control over the area of party
finance.
In the United States, disaffection with the manner in which electoral campaigns were funded led to reforms in the
1970s. These reforms sought to put more effective limits on contributions and spending for both individual candidates
and parties. In a major departure from past practice, the USA in 1974 adopted provisions for the public financing of
presidential election campaigns. Under the reform, a party’s presidential nominee who accepted public money was
prevented from obtaining private donations for general election expenses. Another major reform concerned the
development of political action committees (PACs). PACs may be formed by any group to support a particular cause,
candidate, or party and they have become a major source of political funding in the American system.
Foreign Donations as Source of Party Funding
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