Botswana
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
No
Comment
There is no law regulating political party funding or expenditure. The Electoral Act is silent about it. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
Comment
The law dies not impose a ban of this nature ion candidates |
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
No
|
7. Is there a ban on anonymous donations to political parties? |
Code
No
|
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
The law enjoins candidates to make full disclosure of all campaign donations - Section 84(1)
|
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
No
|
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
No
|
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
|
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
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Comment
The Public Service Act prohibits public servants from engaging in partisan politics. According to Section 37 (d) civil servants should not to engage in any activity outside his official duties which is likely to involve him in political controversy or to lead to his taking improper advantage of his position in the public service. However, the Act is a mechanism for public servants only. This means that the political leadership is exempted from the provisions of the Act. Source
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
Section 84 of the Electoral Act (hereandafter as the Act) only mentions loans implicitly stating that ll money provided by an association or group of persons or by any person for the election expenses of a candidate, whether as a gift, loan, advance or deposit shall be fully disclosed. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
Section 84 of the Electoral Act (hereandafter as the Act) only mentions loans implicitly stating that ll money provided by an association or group of persons or by any person for the election expenses of a candidate, whether as a gift, loan, advance or deposit shall be fully disclosed. |
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
No public funding available
|
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Not applicable
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Not applicable
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Not applicable
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Not applicable
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
|
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
The Independent Electoral Commission provides services such as printing, voter’s rolls, voter education materials, and transport for polling agents. Source
Bryan, Shari, Baer, Denise (eds.). 2005. Money in Politics: A Study of Party Financing Practices in 22 Countries. Washington DC: The National Democratic Institute for Foreign Affairs (NDI). |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Not applicable
|
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
92. Treating The following persons shall be guilty of treating- (a) any person who corruptly, by himself or by any other person on his behalf, either before, during or after an election, directly or indirectly gives, provides or pays, wholly or in part, the expenses of giving or providing any entertainment or provision other than food or drink to or for any person for the purposes of corruptly influencing that person or any other person to vote or refrain from voting at the election, or on account of such person or any other person having voted or refrained from voting at the election; Electoral Act |
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
Yes
Comment
The limit excludes personal expenses, travellling and living ciosts and phone expenses incurred by the candidate while on campaign trail Source
1. Maximum of election expenses The election expenses of any candidate shall not exceed P50 000. Electoral Act |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
50,000 pulas
Source
Article 81 1. Maximum of election expenses The election expenses of any candidate shall not exceed P50 000. Electoral Act |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Source
https://www.thegazette.news/news/the-dark-money-funding-botswana-politics/ |
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
No
|
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
The law enjoins the Secretary of a political party or organisation to within 90 days after polling day, to render a true return in respect of every candidate sponsired by the party who stood in the election. Source
Article 86 ..(3) The Secretary of a political party or organization shall, within 90 days after polling day in the election, render in respect of every candidate sponsored by such party or organization who stood for election, to the appropriate returning officer a true return showing the expenditure incurred in terms of subsection (1) and the amount apportioned to each candidate. Electoral Act |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
Article 87: Return of election expenses (1) Within 90 days after the result of any election has been declared every candidate at that election shall render to the returning officer a true return in such form as the Secretary may direct and verified by his affidavit showing- (a) all his election expenses which have been paid; (b) all his election expenses which are unpaid and undisputed; (c) all claims for election expenses which are disputed by the candidates; (d) all money which, under the provisions of section 85, he is required to disclose in the return and the name of the person from whom he has received such money; (e) any amount apportioned to him under the provisions of section 87, together with all relevant bills, invoices and receipts relating to the expenses referred to in paragraphs (a), (b) and (c). If no election expenses have been incurred the candidate shall, in an affidavit, render a return to that effect to the returning officer within the period aforesaid. Electoral Act
|
50. Do third parties have to report on election campaign finances? |
Code
No
Source
https://www.thegazette.news/news/the-dark-money-funding-botswana-politics/ |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Sometimes
Comment
The returning officer is required to make financial reports submitted by candidates, available for public inspection for the next 6 months after the election. Source
Article 89. Inspection of return (1) The return and any accompanying document shall be kept at the office of the returning officer or at some convenient place appointed by him, and shall at all reasonable times during the six months following their receipt by the returning officer, be open to inspection by any person. (2) The returning officer shall, if so requested by any person during the period referred to in subsection (1), supply copies of the return and any accompanying document, or any part thereof, at the price of P20 for every such copy or part thereof supplied. (3) After the expiry of the said six month period, the returning officer for the time being may destroy the return and any accompanying documents or if the person who rendered the return so requires shall return it and any accompanying documents to him. Electoral Act |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
Article 87. Return of election expenses (1) Within 90 days after the result of any election has been declared every candidate at that election shall render to the returning officer a true return in such form as the Secretary may direct and verified by his affidavit showing- ..(d) all money which, under the provisions of section 85, he is required to disclose in the return and the name of the person from whom he has received such money; |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
87. Return of election expenses (1) Within 90 days after the result of any election has been declared every candidate at that election shall render to the returning officer a true return in such form as the Secretary may direct and verified by his affidavit showing- (a) all his election expenses which have been paid; (b) all his election expenses which are unpaid and undisputed; (c) all claims for election expenses which are disputed by the candidates; (d) all money which, under the provisions of section 85, he is required to disclose in the return and the name of the person from whom he has received such money; (e) any amount apportioned to him under the provisions of section 87, together with all relevant bills, invoices and receipts relating to the expenses referred to in paragraphs (a), (b) and (c). If no election expenses have been incurred the candidate shall, in an affidavit, render a return to that effect to the returning officer within the period aforesaid. Electoral Act |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
The law requires that every payment in respect of elections shall (except for those below P10) be vouched for by a bill stating the particulars of the samre Source
85. Receipts of election expenses Every payment in respect of any election expenses shall, except where less than P10 in all in any one account, be vouched for by a bill stating the particulars and by a receipt or some other evidence of payment. 87. Return of election expenses (1) Within 90 days after the result of any election has been declared every candidate at that election shall render to the returning officer a true return in such form as the Secretary may direct and verified by his affidavit showing- (a) all his election expenses which have been paid; (b) all his election expenses which are unpaid and undisputed; (c) all claims for election expenses which are disputed by the candidates; (d) all money which, under the provisions of section 85, he is required to disclose in the return and the name of the person from whom he has received such money; (e) any amount apportioned to him under the provisions of section 87, together with all relevant bills, invoices and receipts relating to the expenses referred to in paragraphs (a), (b) and (c). If no election expenses have been incurred the candidate shall, in an affidavit, render a return to that effect to the returning officer within the period aforesaid. Electoral Act |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
EMB = Independent Electoral Commission. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
High Court. Source
Article 88 of the Act. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Request additional information from potential violator
Impose sanctions
|
58. What sanctions are provided for political finance infractions? |
Code
Source
Sections 90-105 of the Act. |
