Political Donations Act 2000 · 2020 Revised Edition · Part 3 · Donations to Candidates
17. Forfeiture of donations not made by permissible donors, etc.
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
Where any donation, being a donation that, by virtue of section 14, any candidate or the candidate’s election agent is prohibited from accepting, is made to a candidate or the candidate’s election agent and has been accepted by the candidate or the candidate’s election agent, a District Court may, on the application of the Public Prosecutor, order the forfeiture by the candidate or election agent (as the case may be) of an amount equal to the value of the donation.
donation
“donation”, in relation to a candidate at an election or at a presidential election, means —(a)any gift of money or other property to the candidate or his or her election agent;(b)any money spent (otherwise than by the candidate as permitted by any other written law) in paying any expenses incurred, directly or indirectly, by the candidate or by his or her election agent or any person authorised by his or her election agent;(c)any money lent to the candidate or his or her election agent otherwise than on commercial terms;(d)the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person) to the candidate or his or her election agent; or(e)the provision of any sponsorship in relation to the candidate,that is given, spent, lent or provided (whether before or after he or she becomes a candidate) for the purposes of the candidate’s election.(2) In this Act, unless the context otherwise requires,
Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the candidate or election agent concerned or the Public Prosecutor (as the case may be) may, before the end of the period of 30 days beginning with the date of the order or refusal to order, appeal to the General Division of the High Court.
candidate
“candidate” means a person who is nominated as a candidate at an election or at a presidential election, and includes any person (whether or not a member of any political association) who, on or after the date of the issue of a writ for the election or presidential election (as the case may be) is declared, by the person or others, as seeking nomination as a candidate at that election or (as the case may be) presidential election;
An appeal under subsection (2) is to be by way of a rehearing; and the General Division of the High Court hearing the appeal may make any order that it considers appropriate.
The standard of proof in proceedings under this section is that applicable to civil proceedings.
An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.
Any amount forfeited by an order under this section must be paid into the Consolidated Fund.
Where an appeal is made under subsection (2), subsection (6) does not apply before the appeal is determined or otherwise disposed of.
Where any amount forfeited by an order of the District Court under subsection (1) or an order of the General Division of the High Court under subsection (3) where there is an appeal, is not paid in compliance with the terms of the order, the District Court or General Division of the High Court (as the case may be) may, on the application of the Public Prosecutor, issue a warrant for the levy of the amount forfeited against any property belonging to the candidate or election agent concerned.
property
“property” includes any description of property, and references to the provision of property accordingly include the supply of goods;
The warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under section 319(1)(b)(iii) of the Criminal Procedure Code 2010.
Where any amount recovered under any warrant issued under subsection (8) is in excess of the amount forfeited under this section, the balance must be returned to the candidate or election agent concerned.
election agent
“election agent”, in relation to a candidate, means the person named as the candidate’s election agent under section 62(1) of the Parliamentary Elections Act 1954 or section 43(1) of the Presidential Elections Act 1991;