wishing to receive funding shall apply to the Minister, and the Minister pays
the political parties if they are eligible for funding. This is clearly undesirable
because the Minister of Justice is an interested party; the Minister is a
competitor. The Minister is involved in too many issues pertaining to public
funding of political parties and could easily act in a manner that favours
his/her own party and that is biased against other parties.
4.3.
Registration of Political Parties
In many countries where there is political pluralism, the law, especially the
constitution, will recognise the fundamental freedoms of association,
assembly and speech. People are therefore free to form or join political
parties of their choice, and the political parties themselves are free to run their
affairs, conduct their activities and generally to exist and operate as they see
fit. It is quite common that political parties will be regulated by the law, and
may even have be required to register in order to operate lawfully as political
parties. They is nothing wrong per se with the regulation of political parties,
especially where such regulation does not unduly restrict the enjoyment of the
fundamental freedoms of association, assembly and speech.
Masunungure aptly concludes that when done in good faith, that is ‘without
ulterior and sinister motives’, party regulation (and this includes the
registration of political parties) “promotes transparency and democratic
accountability to the public, curbs corrupt practices and provides for penalties
for breach of the regulations”. However, if the purpose of such regulation is to
control political parties and unduly restrict their right to freedom of association
and existence as political parties, then the move can be “a recipe for mutual
suspicion and distrust which can further poison the political atmosphere”49.
.
In the SADC, almost all countries regulate political parties and have a
requirement for registration. In Angola political parties must be registered with
the Constitutional Court/Supreme Court. Botswana requires political parties to
be registered in accordance with the Societies Act, by the Registrar of
Societies. Like Botswana, the registration of political parties in Zambia is
governed by the Societies Act, which provides for the registration of parties
with the Registrar of Societies. Similarly, the registration of political parties in
Lesotho is governed by the Societies Act. Political parties must register with
the Registrar General while they must register with the Independent Electoral
Commission to participate in an election. In the DRC, political parties are
registered with the Minister of Home Affairs. In Malawi, the registration of
political parties is governed by the Political Parties (Registration and
Regulation) Act, which requires registration with the Registrar of Political
Parties. Tanzania also provides for the registration of political parties with the
49
Masunungure, op cit, p.3.
19
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