Seychelles
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
No
|
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
"A candidate shall not accept, directly or indirectly, any contributions or donations from: a) any foreign government or its agent; b) any foreign political party or faith based organization; f) any foreign individual or any foreign entity, whether or not body corporate." (Section 93(6), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
3. Is there a ban on corporate donations to political parties? |
Code
No
|
4. Is there a ban on corporate donations to candidates? |
Code
No
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Source
"A candidate shall not accept, directly or indirectly, any contributions or donations from: g) any trade union, whether registered or not;" (Section 93(6), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
"Where any contribution or donation is not identifiable by the candidate, agent of the candidate or the political party, as the case may be, shall: a) not use the money for electioneering; b) make efforts to identify the source of that contribution or donation; c) if the donor has used a facility provided by a financial institution, return it to that financial institution, and d) if it is not possible to identify the donor, the money so received shall be caused to be paid into the Consolidated Fund." (Section 93(10), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). (Section 93(11), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
8. Is there a ban on anonymous donations to candidates? |
Code
No
Source
"Where any contribution or donation is not identifiable by the candidate, agent of the candidate or the political party, as the case may be, shall: a) not use the money for electioneering; b) make efforts to identify the source of that contribution or donation; c) if the donor has used a facility provided by a financial institution, return it to that financial institution, and d) if it is not possible to identify the donor, the money so received shall be caused to be paid into the Consolidated Fund." (Section 93(10), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). (Section 93(11), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
|
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
|
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
"No Government vehicle shall be used to carry voters to polling stations other than persons working for Government departments who are on duty or persons living in Government institutions. This rule does not apply to a person who has the use of a Government vehicle and the vehicle is used for self and family." (Code of Conduct for Stakeholders, November 2015, point 1.15,p. 11: http://www.ecs.sc/downloads/codeofconduct/codeofconductforelectionstakeholders.pdf). |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
|
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
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
|
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
Not applicable
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
|
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
R1,000,000 for Presidential election and R250,000 for National Assembly election.
Source
"Each contribution or donation made to a single candidate by a person for the purpose of electioneering shall - a) in case of the Presidential election, not exceed R1,000,000; and b) in case of the National Assembly election, not exceed R250,000." (Section 93(7), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
|
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
Same donation limits apply since the definitions of contribution and donation encompass "any assistance or service provided by any person." Source
"Each contribution or donation made to a single candidate by a person for the purpose of electioneering shall - a) in case of the Presidential election, not exceed R1,000,000; and b) in case of the National Assembly election, not exceed R250,000." (Section 93(7), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
Yes
Source
"Where in an electioneering period, in relation to a political party or a candidate any money is lent otherwise than on commercial terms, the money shall be taken to be the amount of contribution or donation, as the case may be." (Section 93(9), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
Yes
Source
"Where in an electioneering period, in relation to a political party or a candidate any money is lent otherwise than on commercial terms, the money shall be taken to be the amount of contribution or donation, as the case may be." (Section 93(9), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No data
|
27. Are there provisions requiring donations to go through the banking system? |
Code
No
|
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
"The moneys of the Fund shall consist of monies the Fund appropriated by an Appropriation Act and paid into the Fund. The moneys of the Fund shall be applied by the Registrar for the payment of financial assistance to registered political parties. The Registrar shall on or before 30th January each year Political determine the total amount of financial assistance to be paid out Parties of the Fund to the registered political parties which on the 1st day of January of that year are registered in the register kept under section 4 and are eligible for payment of financial assistance under subsection (2)." (Sections 28&29(1), Political Parties Registration and Regulation Act, Cap 173). |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Source
"The Registrar shall on or before 30th January each year Political determine the total amount of financial assistance to be paid out Parties of the Fund to the registered political parties which on the 1st 2/12/1996 day of January of that year are registered in the register kept under section 4 and are eligible for payment of financial assistance under subsection (2). Each registered political party referred to in subsection (1) which had nominated candidates for the immediately preceding general election of the National Assembly shall be entitled to receive out of the amount determined under that subsection such sum as is equal to the proportion which the total number of valid votes cast or deemed to be cast in favour of the candidates nominated by that party for that election bears to the total number of valid votes cast at that election." (Section 29(1&2), Political Parties Registration and Regulation Act, Cap 173). |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Source
"Each registered political party referred to in subsection (1) which had nominated candidates for the immediately preceding general election of the National Assembly shall be entitled to receive out of the amount determined under that subsection such sum as is equal to the proportion which the total number of valid votes cast or deemed to be cast in favour of the candidates nominated by that party for that election bears to the total number of valid votes cast at that election." (Section 29(2), Political Parties Registration and Regulation Act, Cap 173). |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Source
"(1) For the exercise of the right to broadcast under section 96(ii), the Electoral Commissioner shall, in consultation with the Seychelles Broadcasting Corporation established by the Seychelles Broadcasting Corporation Act (hereafter referred to as the "Corporation"), allocate free broadcasting time to each registered political party and each candidate. (Section 95, Elections Act, Cap 68A). |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Source
"(1) For the exercise of the right to broadcast under section 96(ii), the Electoral Commissioner shall, in consultation with the Seychelles Broadcasting Corporation established by the Seychelles Broadcasting Corporation Act (hereafter referred to as the "Corporation"), allocate free broadcasting time to each registered political party and each candidate. (Section 95, Elections Act, Cap 68A). |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Source
"(1) For the exercise of the right to broadcast under section 96(ii), the Electoral Commissioner shall, in consultation with the Seychelles Broadcasting Corporation established by the Seychelles Broadcasting Corporation Act (hereafter referred to as the "Corporation"), allocate free broadcasting time to each registered political party and each candidate. (Section 95, Elections Act, Cap 68A). |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Source
"A registered political party shall be exempt from tax on its income." (Section 26, Political Parties Registration and Regulation Act, Cap 173).
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
"Any attempts to influence voting through money or allurement are election offences. Everyone should be aware of these offences." (Code of Conduct for Stakeholders, November 2015, point 1.14,p. 11: http://www.ecs.sc/downloads/codeofconduct/codeofconductforelectionstakeholders.pdf). |
39. Are there limits on the amount a political party can spend? |
Code
No
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
No
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, third parties banned from campaign spending
Source
"(Election) expenses are to be incurred only by the candidate or the agent of the candidate or party and no other person or body of persons." (Commonwealth Secretariat (2011), Seychelles Presidential Election, 19 – 21 May 2011, Report of the Commonwealth Expert Team, p.8).
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Source
"(1) A registered political party shall keep proper accounts of and audit all money received and paid by the political party in each year in such manner and form as the Registrar may direct. (2) A registered political party shall, before the 31st March of each year, prepare a statement made up to the 31st December of the immediately preceding year of all receipts and expenditures of the political party in that preceding year and of all assets and liabilities of the political party existing on the 31st December of that preceding year. (3) A registered political party is not required to disclose in a statement prepared under subsection (2) - (4) The statement prepared under subsection (2) shall be audited by an auditor appointed by the registered political party. (5) A registered political party shall, on or before the 30th June in each year, send to the Registrar a copy of the statement prepared under subsection (2), together with a copy of the report made by the auditor on the statement, for the immediately preceding year. (6) A registered political party which fails to comply with subsection (5) is guilty of an offence and is liable on conviction to a fine of R10,000 and to a further fine of R100 for each day the offence continues after conviction." (Section 24, Political Parties Registration and Regulation Act, Cap 173). |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
"A candidate, an agent of the candidate or a registered political party, as the case may be, who recieves any funds or incurs any expenditure in connection with an election, shall prepare seprarately and deliver to the Electoral Commission, during a electioneering period, monthly statements of funds received or expenditure incurred, giving the details of the number of persons and the amount of funds received and the expenditure incurred. Without prejudice to susbsection (1), A candidate, an agent of the candidate or a registered political party, as the case may be, who recieves any funds or incurs any expenditure in connection with an election shall, within 45 days after the day on which the result of the election is declared under section 38, prepare a consolidated statement of the funds received and the expenses incurred, during the electioneering period, by the candidate, agent of the candidate or the political party, as the case may be. Within 60 days after the day on which the result of an election is declared under section 38, the candidate, the agent of the candidate or the registered political party, as the case may be, shall deliver to the Electoral Commission a statement prepared under subsection (2) certified as a true statement by the candidate, (Section 94(1,2&3), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
"A candidate, an agent of the candidate or a registered political party, as the case may be, who recieves any funds or incurs any expenditure in connection with an election, shall prepare seprarately and deliver to the Electoral Commission, during a electioneering period, monthly statements of funds received or expenditure incurred, giving the details of the number of persons and the amount of funds received and the expenditure incurred. Without prejudice to susbsection (1), A candidate, an agent of the candidate or a registered political party, as the case may be, who recieves any funds or incurs any expenditure in connection with an election shall, within 45 days after the day on which the result of the election is declared under section 38, prepare a consolidated statement of the funds received and the expenses incurred, during the electioneering period, by the candidate, agent of the candidate or the political party, as the case may be. Within 60 days after the day on which the result of an election is declared under section 38, the candidate, the agent of the candidate or the registered political party, as the case may be, shall deliver to the Electoral Commission a statement prepared under subsection (2) certified as a true statement by the candidate, (Section 94(1,2&3), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
50. Do third parties have to report on election campaign finances? |
Code
Third parties are banned from participating in campaigns
Source
"(Election) expenses are to be incurred only by the candidate or the agent of the candidate or party and no other person or body of persons." (Commonwealth Secretariat (2011), Seychelles Presidential Election, 19 – 21 May 2011, Report of the Commonwealth Expert Team, p.8). |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
No
Source
The Electoral Commission, chairman or a member, or any person under the control, of the Electoral Commission shall not reveal to any person or publish in any manner the identity of the person disclosed under subsection (3A), except for the purposes of prosecution of an offence under section 51(3)(n) to (q) or subsection (3C). (Section 94 (3B), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
"The candidate, the agent of the candidate or the registered political party, as the case may be, shall disclose in the statement prepared under subsection (1) or (2) - (Section 94(3A), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
No
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No
|
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
|
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
|
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Impose sanctions
Source
"The Electoral Commission, chairman or a member, or any person under the control, of the Electoral Commission shall not reveal to any person or publish in any manner the identity of the person disclosed under subsection (3A), except for the purposes of prosecution of an offence under section 51(3)(n) to (q) or subsection (3C). Any person who contravenes subsection (3B) is guilty of an offence and is liable to imprisonment for 2 years and a fine of R500,000." (Section 94 (3B and 3C), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). "Where a candidate, agent of the candidate or the registered political party - (Section 94(4), Elections Act, Cap 68A). |
58. What sanctions are provided for political finance infractions? |
Code
Source
"Where a contribution or donation which is not identifiable by a candidate, agent of a candidate or the political party, has been knowingly accepted by the candidate or an agent of the candidate or a political party, as the case may be, and not paid to the Consolidated Fund in accordance with susbsection (10)(d), the Electoral Commission may order the forfeiture of such contribution or donation, in addition to any other penalty that may be imposed under this Act." (Article 93(11), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). "The Electoral Commission, chairman or a member, or any person under the control, of the Electoral Commission shall not reveal to any person or publish in any manner the identity of the person disclosed under subsection (3A), except for the purposes of prosecution of an offence under section 51(3)(n) to (q) or subsection (3C). Any person who contravenes subsection (3B) is guilty of an offence and is liable to imprisonment for 2 years and a fine of R500,000." (Section 94 (3B and 3C), Elections Act, Cap 68A as modified and completed by Act 27 of 2014). "Where a candidate, agent of the candidate or the registered political party - (Article 94(4), Elections Act, Cap 68A). |
