In conclusion, it would appear that public funding of political parties is not per
se objectionable. Objections tend to be directed against the unrestricted
funding of political parties; bias towards the incumbent party (e.g. by imposing
a high threshold for parties to qualify for funding); and the exclusion of small
political parties, especially if they are not represented in the legislature. .
3.0. Prohibition of Foreign Funding of Political Parties
The commonest practice worldwide where the funding of political parties is
regulated is that foreign funding is prohibited. Where it is allowed, it is likely to
be to be severely restricted and tightly monitored. States appear to view
foreign funding of political parties as an interference with their sovereignty.
Their concern therefore is to eliminate foreign influence in party politics in the
country through the funding of political parties and thus influencing, and at
times interfering with, politics in the country.
In Zimbabwe, the Political Parties (Finances) Act [Chapter 2:11] of 2001
prohibits foreign donations to political parties or individual candidates. It is
rather curious though that a foreign donation is defined in the Act to include a
donation made by a non-resident Zimbabwean citizen, more so in view of the
fact that non Zimbabwean citizens who have permanent residence status and
are resident in Zimbabwe are entitled to donate to political parties24.
Presumably this is because it would be easy for foreign countries, companies
or individuals to channel donations to political parties in Zimbabwe through
Zimbabweans resident abroad under the guise that it is the Zimbabweans
who are making the donations. However, as observed by Coltart, many
countries that prohibit foreign funding do not also prohibit their citizens who
are resident abroad from funding political parties in their home countries25.
The MDC is not only opposed to the prohibition of non resident Zimbabweans
from funding political parties, but it is also opposed to the general prohibition
of foreign funding, which it views as a measure designed to inhibit the
development of opposition political parties. It has argued that Zimbabwe is ‘a
fledgling democracy and has an extremely weak economy’, thereby making it
24
Section 2 of the Political Parties (Finance) Act defines a ‘foreign donation’ as a donation
other than a local donation. A ‘local donation’ is defined as a donation by a permanent
resident or citizen of Zimbabwe domiciled in Zimbabwe; a company incorporated in Zimbabwe
which carries on business in Zimbabwe; or any association of persons, whether incorporated
or unincorporated, consisting exclusively of permanent residents or citizens of Zimbabwe,
domiciled in Zimbabwe. A ‘donation’ is defined as, in relation to a political party or candidate,
any gift of money or property, subscription or affiliation fees, and money spent otherwise than
by a political party or candidate to meet any expenses incurred by the party or candidate, and
includes a loan, property or service provided to a political party or candidate otherwise than
on commercial terms or below market valuation, and, in relation to a member of a political
party, any aforementioned donation which is made for the purpose of securing the election of
that member to any office in or for any purpose connected with the activities of that political
party.
25
Coltart, op cit.
10