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Judgment No. CCZ 3/18
Constitutional Application No. CCZ 15/18
A political party should have the support of the people and this is shown by votes
received. There has to be a criterion for political parties’ financing. In United Parties v Minister
of Justice, Legal and Parliamentary Affairs & Others 1997 (2) ZLR 254 (S) the Supreme Court
determined the question of the constitutionality of s 3(3) of the repealed Political Parties
(Finance) Act [Chapter 2:04]. The applicant in that case argued that s 3(3) of the repealed
Political Parties (Finance) Act [Chapter 2:04] inhibited the exercise of its rights guaranteed
under s 20(1), s 21(1) or s 23 of the old Constitution.
In determining the question of the constitutionality of s 3(3) of the repealed statute in
United Parties case supra GUBBAY CJ, at 261A-262B, said:
“THE POLITICAL PARTIES (FINANCE) ACT
(1)
THE NATURE AND STRUCTURE OF THE ACT
The preamble to the Act states that its purpose is:
‘… to provide for the financing of political parties by the State and for matters
connected therewith or incidental thereto’.
In order to qualify for financial support, a political party must apply to the Minister of
Justice, Legal and Parliamentary Affairs for registration in terms of s 4. Any such
application must identify each of its candidates for election in the general election.
Further information prescribed by the Minister may also be required. If the Minister is
satisfied that the candidates identified are members of the political party concerned, he
must register it. An appeal lies to the High Court against the Minister's refusal to
entertain an application by a political party.
Section 3 deals with the actual financing of political parties. Subsection (1) stipulates
that every registered political party shall be entitled to receive from the State the sums
of money payable to it under the Act. Subsection (2) obliges the Minister, with the
approval of the Minister of Finance, to specify annually by notice in the Gazette (a) the
total amount of moneys payable to all registered political parties; and (b) the moneys
paid to each individual registered political party. Subsection (3) reads:
‘For the purpose of paragraph (b) of subsection (2), each registered
political party shall be entitled to the same proportion of the total moneys
Select target paragraph3
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