Political Finance Database

Jamaica

Jamaica

2018
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Comment

BLANK

Source

Source: Article 52AT, Representation of the People (Amendment) Act, 2016

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Comment

BLANK

Source

Source: Article 52AT, Representation of the People (Amendment) Act, 2016

3. Is there a ban on corporate donations to political parties?
Code
No
Comment

BLANK

Source

Source: Article 52AS, Representation of the People (Amendment) Act, 2016

4. Is there a ban on corporate donations to candidates?
Code
No
Comment

BLANK

Source

Source: Article 52AS, Representation of the People (Amendment) Act, 2016

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

BLANK

Source

Source: Article 52AT, Representation of the People (Amendment) Act, 2016

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

BLANK

Source

Source: Article 52AT, Representation of the People (Amendment) Act, 2016

7. Is there a ban on anonymous donations to political parties?
Code
Yes
Comment

BLANK

Source

Source: Article 52AT, Representation of the People (Amendment) Act, 2016

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Comment

BLANK

Source

Source: Article 52AT, Representation of the People (Amendment) Act, 2016

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Comment

BLANK

Source

Source: Article 52AS, Representation of the People (Amendment) Act, 2016

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No
Comment

BLANK

Source

Source: Article 52AS, Representation of the People (Amendment) Act, 2016

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No
Comment

BLANK

Source

Source: Representation of the People (Amendment) Act, 2016

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
Comment

BLANK

Source

Source: Representation of the People (Amendment) Act, 2016

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
No data
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
Yes, for both natural and legal persons
Comment

BLANK

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
No data
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
Yes, for both natural and legal persons
Comment

5% of the political party expenditure limit .

Source

Source: Article 52AY, Representation of the People (Amendment) Act, 2016

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
31,500,000
Comment

5% of the political party expediture limit.

Source

Source: Article 52AY, Representation of the People (Amendment) Act, 2016

18. Is there a limit on the amount a donor can contribute to a candidate?
Code
Yes, for both natural and legal persons
Comment

10% of the expenditure limit for candidate

Source

Source: Article 52AY, Representation of the People (Amendment) Act, 2016

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
1,500,000 GHS
Comment

BLANK

Source

Source: Article 52AY, Representation of the People (Amendment) Act, 2016

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
No
Comment

BLANK

Source

Source: Article 52AY, Representation of the People (Amendment) Act, 2016

21. Is there a limit on in-kind donations to political parties?
Code
Yes
Comment

General limit of donations applies.

Source

Source: Article 52AY, Representation of the People (Amendment) Act, 2016

22. Is there a limit on in-kind donations to candidates?
Code
Yes
Comment

General limit applies.

Source

Source: Article 52BI, Representation of the People (Amendment) Act, 2016

23. Is there a ban on political parties engaging in commercial activities?
Code
No data
24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Comment

BLANK

Source

Source: Article 52AT, Representation of the People (Amendment) Act, 2016

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Comment

BLANK

Source

Source: Article 52AT, Representation of the People (Amendment) Act, 2016

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
Comment

Donors need to inform about participating in public tender if it happaned up 2 years before donation or within 2 years after donation.z

 

Source

Source: Article 52AS, Representation of the People (Amendment) Act, 2016

27. Are there provisions requiring donations to go through the banking system?
Code
Sometimes
Comment

Only contributions made in relation to election campaign shall be maintained in a bank account.

Source

14. – (1) A registered political party shall open and maintain a bank account with a financial institution that is governed by the provisions of the Banking Services Act.
(2) The bank account under paragraph (1) shall be opened as soon as practicable after the first contribution is received by the registered political party and before the registered political party becomes liable for the payment of election expenses.
(3) Only contributions made in relation to election campaign financing shall be maintained in a bank account opened in accordance with this regulation.

Source: Election Campaign Financing Regulations, 2017.

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, both regularly and in relation to campaigns
Comment

Regulary provided funding for political parties.

Reimbursement of campaign expenditures for candidates (both independent and from political parties)

Source

52AG(1) Every registered political party that

a) meets the requirements of section 12(1);

(b) has its annual financial statement independently audited by a registered public accountant within the meaning of section 2 of the Public Accountancy Act and submitted to the Commission within one hundred and twenty days of the end of the financial year of the registered political party,

shall be entitled in each financial year to receive as state funding the sums ofmoney referred to in this section.

Source: Article 52AG (1), Representation of the People (Amendment) Act 2014

52BN (1) The Government may [...] provide funding for the reimbursement of election expenses incurred by

a) the candidates of a registered political party [...]

b) an independent candidate [...]

Source: Article 52BN (1), Representation of the People (Amendment) Act 2016

29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Share of votes in previous election
  • Share of seats in previous election
Comment

Each party which has at least 5 MPs or had at least 5% votes in last elections, and submitted annual financial report.

Candidate who has received at least 5% votes.

Source

52AG(1) Every registered political party that

a) meets the requirements of section 12(1);

(b) has its annual financial statement independently audited by a registered public accountant within the meaning of section 2 of the Public Accountancy Act and submitted to the Commission within one hundred and twenty days of the end of the financial year of the registered political party,

shall be entitled in each financial year to receive as state funding the sums of money referred to in this section.

Source: Article 52AG (1), Representation of the People (Amendment) Act 2014

12.(1) Each party having –

a) five or more members in the House of Representative or

b) not less than five percent of the total vote at the last national election, [...]

Source: Article 12 (1), Representation of the People Act 1944 (2012)

52BN (1) The Government may [...] provide funding for the reimbursement of election expenses incurred by

a) the candidates of a registered political party [...]

b) an independent candidate, who has received at least five percent of the votes cast in the election.

Source: Article 52BN (1), Representation of the People (Amendment) Act 2016

30. What is the allocation calculation for political parties to receive public funding?
Code
Equal
Comment

BLANK

Source

52AG (2) Subject to subsections (3), (4) and (6), for the purposes of this Act the amount approved by Parliament for state funding shall be divided equally among the political parties that qualify to receive state funding.

Source: Article 52AG (2), Representation of the People (Amendment) Act 2014

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
  • Ongoing party activities
  • Research and policy initiatives
Comment

BLANK

Source

52AH. The funds allocated to a registered political party shall be used solely and exclusively for

a) the development of the political party;

(b) the off-setting of the operating expenses of the political party that is to say

i) its headquarters

ii) the salaries of party administrators;

iii) electricity, water and telephone bills;

(c) party recruitment and civic education;

(d) research and policy development of the political party;

(e) education and training of members of the political party; and

(f) other reasonable logistical and operating expenses to strengthen the political party as a democratic institution.

Source: Article 52AH (1), Representation of the People (Amendment) Act 2014

32. Are there provisions for free or subsidized access to media for political parties?
Code
No data
33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
No data
34. Are there provisions for free or subsidized access to media for candidates?
Code
No data
35. Are there provisions for any other form of indirect public funding?
Code
No
Comment

BLANK

Source

Source: Representation of the People (Amendment) Act, 2016

Source: Representation of the People (Amendment) Act 2014

 

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
No
Comment

BLANK

Source

Source: Representation of the People (Amendment) Act, 2016

Source: Representation of the People (Amendment) Act 2014

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Comment

BLANK

Source

Source: Representation of the People (Amendment) Act, 2016

Source: Representation of the People (Amendment) Act 2014

Question Value
38. Is there a ban on vote buying?
Code
Yes
Comment

BLANK

Source

91 (1) The following persons shall be deemed guilty of bribery

(a) within the meaning of this Act every person who directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or endeavour to procure, any money or valuable consideration to or for any voter or to or for any person on behalf of any voter, or to or for any person in order to induce any voter to vote or refrain from voting, or coruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election; [...]

Source: Article 91 (1), Representation of the People Act 1944 (2012)

39. Are there limits on the amount a political party can spend?
Code
Yes
Comment

BLANK

Source

Source: Article 52BH, Representation of the People (Amendment) Act, 2016

40. If there are limits on the amount a political party can spend, what is the limit?
Code
630,000,000 GHS
Comment

BLANK

Source

Source: Article 52BH, Representation of the People (Amendment) Act, 2016

41. Are there limits on the amount a candidate can spend?
Code
Yes
Comment

BLANK

Source

Source: Article 52BI, Representation of the People (Amendment) Act, 2016

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
15,000,000 GHS
Comment

BLANK

Source

Source: Article 52BI, Representation of the People (Amendment) Act, 2016

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
No data
44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
Comment

BLANK

Source

Source: Representation of the People (Amendment) Act, 2016

Source: Representation of the People (Amendment) Act 2014

45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
Comment

BLANK

Source

Source: Representation of the People (Amendment) Act, 2016

Source: Representation of the People (Amendment) Act 2014

46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Comment

BLANK

Source

Source: Representation of the People (Amendment) Act, 2016

Source: Representation of the People (Amendment) Act 2014

Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment

BLANK

Source

52AE.(1) Every registered political party annual returns. shall, on or before the 1 st day of April in every year, prepare and submit to the Commission for the preceding financial year of that political party -

(a) an annual financial report prepared by a registered public accountant;

(b) a statement showing the sources of the funds of the political party.

Source: Article 52AE (1), Representation of the People (Amendment) Act 2014

48. Do political parties have to report on their election campaign finances?
Code
Yes
Comment

BLANK

Source

52BJ (1) Every registered political party shall submit to the Commission,a Campaign Period Expenditure Report in the prescribed form and manner within a period of one hundred and eighty days after the day of an election.
Source: article 52BJ (1), Representation of the People (Amendment) Act, 2016

52BP (1) Every registered political party and every candidate [...] shall submit to the Commission, a Final Disclosure Report in the prescribed for detailing its or his income and expenditure, and all contributions received during the reporting period.
Source: Article 52BP (1), Representation of the People (Amendment) Act, 2016

49. Do candidates have to report on their election campaign finances?
Code
Yes
Comment

BLANK

Source

52BP (1) Every registered political party and every candidate [...] shall submit to the Commission, a Final Disclosure Report in the prescribed for detailing its or his income and expenditure, and all contributions received during the reporting period.
Source: Article 52BP (1), Representation of the People (Amendment) Act, 2016

50. Do third parties have to report on election campaign finances?
Code
No
Comment

BLANK

Source

Source: Representation of the People (Amendment) Act, 2016

51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment

Election Commision shall publish after election reports disclosing the total contributions received by each political party; and list of all contributions of or exceeding 1,000,000 JMD received by political party and candidate.

Source

Source: Article 52BR, Representation of the People (Amendment) Act, 2016

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
Comment

BLANK

Source

52BP (1) Every registered political party and every candidate, [...] shall submit to the Commission, a Final Disclosure Report in teh prescribed form detailing its or his income and expenditure, andall contributions  received during the reporting period.

Source: Article 52BP, Representation of the People (Amendment) Act, 2016

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Comment

BLANK

Source

52BP (1) Every registered political party and every candidate, [...] shall submit to the Commission, a Final Disclosure Report in teh prescribed form detailing its or his income and expenditure, andall contributions  received during the reporting period.

Source: Article 52BP, Representation of the People (Amendment) Act, 2016

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Comment

BLANK

Source

52BP (1) Every registered political party and every candidate, [...] shall submit to the Commission, a Final Disclosure Report in teh prescribed form detailing its or his income and expenditure, andall contributions  received during the reporting period.

Source: Article 52BP, Representation of the People (Amendment) Act, 2016

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Comment

BLANK

Source

52BP (1) Every registered political party and every candidate, [...] shall submit to the Commission, a Final Disclosure Report in teh prescribed form detailing its or his income and expenditure, andall contributions  received during the reporting period.

Source: Article 52BP, Representation of the People (Amendment) Act, 2016

 

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
No data
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Carry out investigation Impose sanctions
Comment

Conducting an additional audit.

Suspension of public funding.

Source

52AF (1) Notwithstanding section 52AE, the Commission may cause the accounts of a political party to be audited by an independent auditor appointed by the Commission.

Source: Article 52AE (3), Representation of the People (Amendment) Act, 2014

52AJ.(1) Where a political party that has received state funding(

a) fails to comply with its obligations under this Act; or

(b) submits information to the Commission that contains or is based on a false or misleading representation or information which is false in a material particular,

it ceases to be entitled to receive state funding in accordance with section 52AI(2), and the Commission may suspend the payment of state funding to that political party in accordance with this section.

Source: Article 52AJ (1) Representation of the People (Amendment) Act, 2014

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Loss of public funding
Comment

Fine 1,000,000 JMD

Imprisonment for maximum 12 months

Suspension of the public funding

Source

52AE (3) Every person who wilfully makes, or causes to be made, any false entry in, or omission from

a) any report or statement under subsection (1); or

(b) the accounting records referred to in section 52AD(1)(a), commits an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

Source: Article 52AE (3), Representation of the People (Amendment) Act, 2014

 

52AJ.(1) Where a political party that has received state funding(

a) fails to comply with its obligations under this Act; or

(b) submits information to the Commission that contains or is based on a false or misleading representation or information which is false in a material particular,

it ceases to be entitled to receive state funding in accordance with section 52AI(2), and the Commission may suspend the payment of state funding to that political party in accordance with this section.

Source: Article 52AJ (1) Representation of the People (Amendment) Act, 2014

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