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Papua New Guinea Consolidated Legislation |
No. 908 of 9998.
Organic Law on the Integrity of Political Parties and Candidates.
Certified on: / /20 .
INDEPENDENT
STATE OF PAPUA NEW GUINEA.
Organic Law on the Integrity of Political Parties and Candidates.
ARRANGEMENT OF SECTIONS.
1. Compliance with Constitutional requirements.
2. Interpretation.
3. Membership of political parties.
4. Executive officers of Political Parties.
5. Public Officer.
6. Requirement of political party to register.
7. Qualifications for registration.
8. Registrar.
9. Disqualifications from office.
10. Special conditions of employment.
11. Resignation.
12. Retirement.
13. Vacation of office.
14. Seal.
15. Functions and duties of the Registrar.
16. Register.
17. Inspection.
18. Certificates, etc.,.
19. Register, etc., to be evidence.
20. Publication of list of political parties before national election.
21. Application for registration of a political party.
22. Application to be advertised.
23. Grounds of objection.
24. Referral of application to Board.
25. Consideration of application.
26. Registration.
27. Notification of decision of Board.
28. Amendment of Register.
29. Grounds for cancellation of registration.
30. Notification of intention to cancel registration.
31. Board to consider cancellation, etc.,.
32. Effect of cancellation on registration.
33. Assets and liabilities, etc., of political party whose registration is cancelled.
34. Procedures relating to an executive officer of, or a member of the parliament who is a member of, a political party whose registration is cancelled.
35. Further procedure.
36. Status of Member after notification to Ombudsman Commission.
37. Dissolution of registered political party.
38. Effect of dissolution of political party.
39. Amalgamation of registered political parties.
40. Central Fund Board of Management.
41. Constitution of the Board.
42. Chairman.
43. Declaration of Office.
44. Leave of absence of member.
45. Vacation of office of member.
46. Vacancy not to affect powers or functions.
47. Meeting of the Board.
48. Indemnity of member of the Board.
49. Functions and powers of the Board.
50. Secretariat.
51. Application of Public Finances (Management) Act.
52. Reports by the Board.
53. Funding of political party only in accordance with this Law.
54. Establishment of Central Fund.
55. Source of funds in Central Fund.
56. Public funding.
57. Contributions from citizens.
58. Contributions from International Organisations.
59. Contributions from non-citizens.
60. Endorsement of candidates.
61. Distribution of moneys from the Central Fund.
62. Funding of female candidates.
63. Claims for payment.
64. Membership of a Member of the Parliament in a registered political party.
65. Entitlement to funding from the Central Fund.
66. Contributions.
67. Financial returns by political party.
68. Financial returns by candidate.
69. False and defective returns.
70. Grounds for and effect of resignation from a registered political party.
71. Member may resign from registered political party.
72. Procedures following resignation from a registered political party.
73. Further procedure.
74. Status of Member during investigation, etc.,.
75. Expulsion from a registered political party.
76. Invitation to from Government.
77. Defection from or voting against a registered political party.
78. Vote contrary to provisions of Section 77(1)(c) not to be counted.
79. Deemed resignation from office.
80. Other penalties for contravention of Section 77.
81. Member elected without endorsement.
82. Voting in the case of a motion of no confidence or in the election of a Prime Minister following resignation where the Member resigning is nominated for election.
83. Voting in the election of a Prime Minister following resignation of a Prime Minister and in the event of other vacancies in the office of Prime Minister.
84. Voting on the National Budget.
85. Voting on a Constitutional Law.
86. Misrepresentation by candidate.
87. Interference with Member of Parliament, etc.,.
88. Inspection.
89. Confidentiality.
90. Constitutional regulations.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Organic Law on the Integrity of Political Parties and Candidates,
Being an Organic Law to implement Subdivision VI.2.H (Protection of Elections from Outside or Hidden Influences) of the Constitution and for related purposes,
MADE by the National Parliament to come into operation:
(a) in respect of Parts I, II, III, IV and VIII - on certification; and
(b) in respect of the remainder - one year after the date of certification.
PART I. – PRELIMINARY.
1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS.
(a) freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and
(b) freedom of conscience, thought and religion conferred by Section 45 of the Constitution; and
(c) freedom of expression conferred by Section 46 of the Constitution; and
(d) freedom of assembly and association conferred by Section 47 of the Constitution; and
(e) the right to privacy conferred by Section 49 of the Constitution,
is a law that is made for the purposes of giving effect to the public interest in public order and public welfare.
2. INTERPRETATION.
“Board” means the Board of Management of the Central Fund established by Section 40;
“candidate” means a person who has nominated or who nominates for election to the Parliament and includes a former candidate;
“Central Fund” means the Central Fund established by Section 54;
“constitution of a political party” means the document (by whatever name known) specifying the aims of the political party and the manner of governance of the political party;
“contribution” means the giving of:
(a) money to the Central Fund or to the fund of a political party or to a candidate; or
(b) assistance in kind, goods, services, gifts or other voluntary provisions to a political party; or
(c) assistance in kind, goods, services, gifts or other voluntary provisions to a candidate as assistance towards campaign expenses, exceeding in value a prescribed amount
and “contribute” and “contributor” have corresponding meanings;
“Electoral Commission” means the Electoral Commission continued in establishment by Section 5 of the Organic Law on National and Local-level Government Elections;
“Electoral Commissioner” means the Electoral Commissioner appointed under Section 5 of the Organic Law on National and Local-level Government Elections;
“endorsed candidate” means a candidate:
(a) who was publicly supported by a political party as representing its views; and
(b) who did not reject or refute such support at the time when it was given,
“endorse” has a corresponding meaning;
“executive officer” in relation to a political party, means an executive officer referred to in Section 4;
“expenditure” or “electoral expenses” includes the value of gifts, goods and services provided without charge as contribution in respect of expenses and living and travelling costs incurred before, during or after an election by:
(a) a political party or, with its permission, express or implied, on behalf of a political party; or
(b) a candidate or, with his permission, express or implied, on behalf of a candidate,
but does not include:
(c) the value of hospitality (including meals, accommodation and transport) of a kind and to a degree recognized as hospitality in the country or in that part of the country in which the hospitality was given; or
(d) in the case of a candidate, reasonable costs incurred by him personally for travel and for living away from home for the purposes of the election;
“financial return” means:
(a) in the case of a registered political party – a financial return under Section 67; and
(b) in the case of a candidate – a financial return under Section 68;
“general election” means a general election to the Parliament held in accordance with Section 105 (general elections) of the Constitution;
“income” in relation to a political party, means all income and receipts other than contributions;
“life of a Parliament” means the period commencing on the date of the first meeting of the Parliament following the return of the writs in a general election and ending on the day before the first meeting of the new Parliament following the next general election;
“member” means a member of a political party and includes an official of a political party;
“Member” means a Member of the Parliament;
“National Budget” means the National Budget required by Section 209 (Parliamentary responsibility) of the Constitution and includes appropriations, other legislation pertaining to the National Budget and supplementary or additional Budgets and appropriations and legislation pertaining thereto;
“non-citizen” means a person other than a Papua New Guinea citizen and includes a non-citizen corporation;
“non-citizen corporation” means a business enterprise or corporation or an organization, corporate or non-corporate, profit-making or non-profit-making:
(a) originally incorporated, registered or formed in a foreign country; or
(b) where it is originally incorporated, registered or formed in Papua New Guinea:
(i) whose membership or controlling body is largely non-citizens; or
(ii) of which more than 25% of its equity or the balance of voting power or the management is in the control of non-citizens;
“political party” means an association, party or organization (by whatever name known) having political aims and includes its branches and affiliates;
“public funding” in relation to a registered political party, means funds appropriated by the Parliament under Section 56;
“Register” means the Register of Political Parties established by Section 16;
“Registrar” means the Registrar appointed by Section 8;
“registered political party” means a political party registered under Section 26 or deemed to be registered under Section 6(3);
“Secretariat” means the Secretariat established by Section 50;
“this Law” includes the Regulations made under this Law.
PART II. – POLITICAL PARTIES GENERALLY.
3. MEMBERSHIP OF POLITICAL PARTIES.
(2) A non-citizen shall not be a member of a political party.
(3) A person shall not be a member of more than one political party at the same time.
(4) Subject to Subsection (7), a person is not a member of a political party unless all fees, dues or other payments due by him to the political party in accordance with the constitution of that political party have been paid within the time and in the manner required by that constitution.
(5) Subject to Subsection (6), membership of a political party shall be ordinary membership and a political party shall not grant dual membership, associate membership or any other form of membership of the political party.
(6) A political party may, in accordance with the constitution of that political party accord special privileges, such as life membership of the party, to certain members of the party.
(7) A member of a registered political party who is a Member of the Parliament and who has not paid, within the time and in the manner required by the constitution of that political party, all fees, dues or other payments due by him to the political party may be expelled from the political party if the constitution so provides, but if not so expelled remains as a member of that political party until:
(a) the end of the life of the Parliament during which the non-payment occurs; or
(b) his resignation from that political party; or
(c) his ceasing to be a Member of the Parliament according to law,
whichever first happens.
4. EXECUTIVE OFFICERS OF POLITICAL PARTIES.
(a) a president; and
(b) a secretary; and
(c) a treasurer; and
(d) where a registered political party has two or more members who are Members of the Parliament, a Parliamentary Leader.
(2) An official of a political party, other than a Member of the Parliament, shall not hold any other public office or be an employee or member of the governing body of a public body including a superannuation fund or corporation in which the State or a public body has an equity interest.
(3) The executive officers referred to in Subsection (1)(a), (b) and (c) shall be elected in a democratic manner in accordance with provisions specified in the constitution of the political party and conforming to the following principles:–
(a) each member of the political party has an equal voting right that is exercisable freely;
(b) subject to reasonable qualifications applying to all members of the political party, all members are eligible to contest the election of executive officers;
(c) reasonable opportunity is given to:
(i) all members qualified under Paragraph (b) to contest; and
(ii) all members to vote in,
an election of executive officers;
(d) the executive officers are appointable and removable by the majority vote of the members of the political party at elections held at fixed periodic intervals.
(4) A Parliamentary Leader referred to in Subsection (1)(d) shall be elected in a democratic manner in accordance with provisions specified in the constitution of the political party and conforming to the following principles:–
(a) each member of the political party who is a Member of the Parliament has an equal voting right that is exercisable freely;
(b) subject to Paragraph (e) and to reasonable qualifications applying to all such members, all such members are eligible to contest the election of the office of Parliamentary Leader;
(c) reasonable opportunity is given to:
(i) all such members qualified under Paragraph (b) to contest; and
(ii) all such members to vote in,
an election of a Parliamentary Leader;
(d) the Parliamentary Leader is appointable and removable by the majority of such members at elections held at fixed periodic intervals and at least once during the life of each Parliament;
(e) no such member may be elected and hold office as Parliamentary Leader of the same political party on more than three consecutive occasions, but may subsequently hold office as Parliamentary Leader of that political party.
5. PUBLIC OFFICER.
(2) An executive officer of a political party is eligible to be appointed the public officer of that political party.
(3) The public officer of a political party is responsible, on behalf of the political party, for:
(a) lodging an application to register it or to amend its registration; and
(b) lodging financial returns; and
(c) receiving notifications from the Registrar and the Board; and
(d) performing such other functions as are specified in this Law.
6. REQUIREMENT OF POLITICAL PARTY TO REGISTER.
(a) it intends to nominate a candidate for election to the Parliament; or
(b) it intends to endorse a candidate; or
(c) a member of the political party is a Member of the Parliament.
(2) Subject to Subsection (3), a political party which is not registered under Part III is not eligible:
(a) to nominate a candidate for election to the Parliament; or
(b) to endorse a candidate for election to the Parliament; or
(c) to receive any funding from the Central Fund under this Law.
(3) A political party:
(a) in existence on the date of coming into operation of this Law; and
(b) required by Subsection (1) to register; and
(c) which lodges an application for registration under Section 21(1) within six months of the date of coming into operation of this Law,
is deemed to be a registered political party for the period from the date of coming into operation of this Law until:
(d) the date of registration of that political party under Section 26; or
(e) the date of notification of refusal to register that political party under Section 27.
7. QUALIFICATIONS FOR REGISTRATION.
(a) its objectives, policies or platforms encourage the development of the country as one nation and do not encourage secession; and
(b) subject to Section 3(2), it does not discriminate on the basis of sex, race or religion except to the extent permitted by Section 55(2) (equality of citizens) of the Constitution; and
(c) it is incorporated under the Associations Incorporation Act (Chapter 142); and
(d) its membership is not confined by its constitution to persons from a particular province, region or group; and
(e) its constitution provides for a president, a secretary and a treasurer and such executive officers have been appointed or elected in accordance with its constitution; and
(f) a public officer of the party has been appointed in accordance with Section 5; and
(g) the policies of the party do not encourage any illegal or unlawful purposes; and
(h) the name of the political party does not contain the word “independent”;.
PART III. – REGISTRATION OF POLITICAL PARTIES.
Division 1.
Registrar.
8. REGISTRAR.
(2) The Office of Registrar of Political Parties is hereby declared to be an office to and in relation to which Division III.2 (Leadership Code) of the Constitution applies.
(3) The Registrar shall:
(a) be appointed for a term of six years; and
(b) hold office in accordance with the determination of the Parliament under Section 216(4) (the Salaries and Remuneration Commission) of the Constitution; and
(c) be eligible for re-appointment.
9. DISQUALIFICATIONS FROM OFFICE.
(a) a member of the Parliament; or
(b) a member of a Provincial Government; or
(c) a member of a Local-level Government; or
(d) a member of a political party; or
(e) an undischarged bankrupt or insolvent; or
(f) of unsound mind within the meaning of any law relating to the protection of the person and property of persons of unsound mind; or
(g) under sentence of death or imprisonment.
10. SPECIAL CONDITIONS OF EMPLOYMENT.
(a) actively engage in politics; or
(b) except on leave of absence granted by the Board, or because of illness, absent himself from duty for more than 14 consecutive days or more than 22 days in any period of 12 months; or
(c) subject to Subsection (3), acquire by way of gift or otherwise or use or hold in any other manner any interest in any property in Papua New Guinea or solicit, accept or receive any other benefit in addition to his terms and conditions of employment.
(2) Nothing in Subsection (1)(b), prevents the Registrar from holding office in a professional body in relation to which his qualifications are relevant.
(3) Subject to an Organic Law made for the purposes of Division III.2 (Leadership code) of the Constitution, the Registrar may purchase, lease or otherwise acquire land in the same manner as any other citizen.
11. RESIGNATION.
12. RETIREMENT.
13. VACATION OF OFFICE.
(a) becomes disqualified from holding office under Section 9; or
(b) breaches the special conditions of employment specified in Section 10; and
(c) resigns his office under Section 11,
the Board shall terminate his appointment.
(2) The Board may, at any time, by written notice under the hand of the Chairman, advise the Registrar that it intends to terminate his appointment on the grounds of inefficiency, incapacity or misbehaviour.
(3) Within 14 days of a notice under Subsection (2), the Registrar may reply in writing to the Board who shall consider the reply and where appropriate may terminate the appointment.
(4) Where the Registrar does not reply in accordance with Subsection (3) his appointment is terminated.
14. SEAL.
(2) In pursuance of his duties and functions under this Law, the Registrar may fix, or cause to be affixed, a facsimile of his signature which shall be deemed to be the signature of the Registrar.
(3) All courts, Judges and persons acting judicially shall take judicial notice of:
(a) a signature of any person who holds or has held the Office of Registrar and of the fact that that person holds or has held that office; and
(b) the seal of the Registrar.
15. FUNCTIONS AND DUTIES OF THE REGISTRAR.
(a) administer the Secretariat; and
(b) be the Head of the staff of the Secretariat; and
(c) perform such functions and duties as are required by this Law or an Act of the Parliament.
Division 2.
The Register.
16. REGISTER.
(2) The Register shall be in such form and shall be kept in such manner as the Registrar determines.
(3) All matters required by this Law to be registered shall be effected by the Registrar.
17. INSPECTION.
18. CERTIFICATES, ETC.,.
(a) issue copies of or extracts from entries in the Register certified under his hand and seal; and
(b) certify under his hand and seal that an entry, act, matter or thing required or authorized under this Law to be made or done, has or has not been made or done, as the case may be.
19. REGISTER, ETC., TO BE EVIDENCE.
(2) A certified copy or extract issued by the Registrar under Section 18 is evidence in all courts and proceedings without further proof or production of the original.
(3) A certificate of the Registrar under Section 18 is evidence of the statements contained in the certificate.
20. PUBLICATION OF LIST OF POLITICAL PARTIES BEFORE NATIONAL ELECTION.
(2) A list under Subsection (1) shall include the names of:
(a) the president; and
(b) the secretary; and
(c) the treasurer; and
(d) the Parliamentary Leader (if any); and
(e) the public officer,
of each registered political party.
Division 3.
Registration Procedure.
21. APPLICATION FOR REGISTRATION OF A POLITICAL PARTY.
(2) An application under Subsection (1):
(a) by a political party, required by this Law to be registered, in existence on the date of coming into operation of this Law - shall be made within six months of that date; and
(b) in any other case may be made as and when required.
(3) An application under Subsection (1) shall:
(a) be on the prescribed form; and
(b) be accompanied by the prescribed fee; and
(c) contain the following information relating to the political party:–
(i) the name of the political party;
(ii) any abbreviation of the name or initials or acronym which the political party intends to use;
(iii) the name of the public officer;
(iv) the postal address and physical location of:
(A) the main office where the secretariat is situated; and
(B) any branch offices and affiliates;
(v) the names, addresses and occupations of the members of its executive officers and of its executive or controlling body and of the officers accountable for or otherwise handling or managing its money or property;
(vi) the names and addresses of persons authorized to receive contributions and commit expenditures on its behalf;
(vii) the names and addresses of persons authorized to commit the party and its branches to endorse and publicly support candidates at elections;
(viii) the names of Members of the Parliament who are members;
(ix) the date of its incorporation;
(x) such other related matters and particulars as the Board may require; and
(d) be accompanied by the following in relation to the political party:–
(i) a copy of the constitution of the political party;
(ii) the certificate of incorporation issued under the Associations Incorporation Act (Chapter 142);
(iii) statutory declarations by Members of the Parliament who are members of the political party (if any) to the effect that they are members and are not members of any other political party;
(iv) a statutory declaration by the public officer to the effect that:
(A) no non-citizens are members of the political party; and
(B) no non-citizens are in the employ of the political party or have been engaged, whether for gain or otherwise, to assist in any way in its campaign or work;
(v) a copy of the balance sheet and financial statements detailing assets and liabilities and income and sources of income;
(vi) a copy of the annual income tax return for the preceding year (if any) certified by the Internal Revenue Commission to be true and accurate.
22. APPLICATION TO BE ADVERTISED.
(a) the National Gazette; and
(b) a newspaper published in and circulating generally in the country not less than once in each week.
(2) A notice under Subsection (1) shall:
(a) include the information referred to in Section 21(3)(c); and
(b) invite any person wishing to object to the application in accordance with this Division to lodge a written objection with the Registrar within one month of the date of publication of the notice under Subsection (1)(a) or (b), whichever is the earlier date; and
(c) specify the date for the consideration of the application by the Board, being a date not less than one month after the date of publication of a notice under Subsection (1)(a) or (b), whichever is the earlier date.
23. GROUNDS OF OBJECTION.
(a) that the application is not in accordance with this Law;
(b) that the information set out in the application, or that any document required to accompany the application, is incorrect;
(c) that the name of the political party is obscene or offensive;
(d) that the name of the political party so closely resembles the name of a registered political party or public body so as likely to be confused with or mistaken for that registered political party or public body.
(2) A statement of objection under Subsection (1) shall:
(a) contain the name and address of the person making the objection; and
(b) be signed by that person; and
(c) specify in detail the grounds of objection.
(3) The Registrar shall:
(a) send to the person making the application under Section 21(1) a copy of any objection lodged; and
(b) invite him to give a reply within such reasonable time as the Registrar allows.
24. REFERRAL OF APPLICATION TO BOARD.
(a) where all the requirements of Section 21 have been met, submit to the Board:
(i) the application; and
(ii) any objections under Section 23(1); and
(iii) any reply to objections under Section 23(3); and
(b) where the requirements of Section 21 have not all been met:
(i) require the applicant to furnish the missing requirements; and
(ii) where that has been done, proceed as in Paragraph (a).
25. CONSIDERATION OF APPLICATION.
(2) Where the Board is of the opinion that:
(a) the application is complete; and
(b) the political party has the qualifications for registration specified in Section 7; and
(c) any objection to the application does not justify a refusal to register the political party,
the Board shall approve the application and shall direct the Registrar to register the political party.
(3) Where the Board is of the opinion that:
(a) the application is not complete; or
(b) any of the matters, listed in Section 23(1) as grounds of objection to an application, exists in relation to the application; or
(c) the political party does not have the qualifications for registration specified in Section 7; or
(d) any objection to the application justifies a refusal to register the political party,
the Board shall refuse the application giving its reasons for the refusal in writing and shall notify the Registrar accordingly.
(4) The Board shall not consider any application under Section 21(1) during the period commencing on the date fixed, in accordance with a Constitutional law, for the issuing of writs for a general election and ending on the date fixed, in accordance with a Constitutional law, for the return of the writs for that general election.
26. REGISTRATION.
27. NOTIFICATION OF DECISION OF BOARD.
(2) Where the Board has refused an application, the notification to the public officer under Subsection (1) shall include the reasons given in writing by the Board for its refusal.
Division 4.
Amendment of Register. .
28. AMENDMENT OF REGISTER.
(a) the constitution of the political party; or
(b) the information supplied to the Registrar under Section 21(3),
inform the Registrar of the change.
(2) Where any change referred to in Subsection (1) relates to a matter recorded in the Register, the Registrar shall amend the Register accordingly.
(3) The public officer of a registered political party may apply to the Board for:
(a) the amendment of any information recorded in the Register; or
(b) the replacement of any documents lodged with the Registrar,
relating to that political party.
(4) An application under Subsection (3) shall be made in such manner and form as is approved by the Board.
(5) The Board shall consider an application under Subsection (3) and shall:
(a) where the application complies with this Law, agree to it; and
(b) where the application does not comply with this Law, refuse it,
and advise the Registrar accordingly.
(6) The Registrar shall:
(a) notify the applicant of the decision of the Board under Subsection (5); and
(b) in the case of a decision under Subsection (5)(a), amend the Register accordingly.
Division 5.
Cancellation of Registration.
29. GROUNDS FOR CANCELLATION OF REGISTRATION.
(a) the party is convicted of an offence under this Law or any other law that carries a penalty of a fine of K1,000.00 or more and the party fails to pay the fine imposed on it within the time fixed by the court imposing the fine for payment of the fine; or
(b) the party or a member of the party is convicted of an offence under Section 66; or
(c) the party no longer meets the qualifications for registration referred to in Section 7; or
(d) the party without reasonable justification, fails to file financial returns, as required by this Law, for two consecutive years.
30. NOTIFICATION OF INTENTION TO CANCEL REGISTRATION.
(2) Notification under Subsection (1) shall:
(a) state the grounds for the proposed cancellation; and
(b) fix a period of not less than 21 days within which the political party may:
(i) make representations to the Board as to why the registration should not be cancelled; or
(ii) where the grounds are those specified in Section 29(c) or (d),
take steps to ensure compliance with this Law.
31. BOARD TO CONSIDER CANCELLATION, ETC.,.
(a) consider any representations made under Section 30(2)(b)(i) and any steps taken under Section 30(2)(b)(ii); and
(b) decide whether the registration of the political party is or is not to be cancelled; and
(c) advise the Registrar of its decision under Paragraph (b).
(2) On receipt of the advice under Subsection (1)(c), the Registrar shall:
(a) where the decision of the Board is that the registration of the political party is to be cancelled, cancel the registration; and
(b) notify the public officer of the political party of the decision of the Board under Subsection (1)(b) and, where the registration has been cancelled, of the cancellation; and
(c) where the registration has been cancelled:
(i) give notification of the cancellation in the National Gazette; and
(ii) give to the Ombudsman Commission the names of the executive officers of the political party at the date of cancellation of its registration; and
(iii) give to:
(A) the Speaker; and
(B) the Ombudsman Commission,
the names of each member of the political party who was a Member of the Parliament at the date of cancellation of the registration of the political party.
32. EFFECT OF CANCELLATION ON REGISTRATION.
(a) an executive officer of that political party; or
(b) a member of that political party who is a Member of the Parliament,
at the date of the cancellation shall not, for a period of four years commencing on that date:
(c) form a new political party; or
(d) join a political party formed after that date of cancellation.
33. ASSETS AND LIABILITIES, ETC., OF POLITICAL PARTY WHOSE REGISTRATION IS CANCELLED.
(a) withhold any funding due to the party as at the date of cancellation; and
(b) appoint a receiver to take charge of the property of the party and, for that purpose, obtain all books of account, documents, title deeds and other papers and documents (in hard copy or electronic format) relating to the assets and liabilities of the party.
(2) Any property or assets of the political party remaining after discharge of all liabilities shall be paid into the Central Fund.
Division 6.
Procedures relating to an Executive Officer of, or a Member of the Parliament who is a member of, a Political Party whose registration is cancelled.
34. PROCEDURES RELATING TO AN EXECUTIVE OFFICER OF, OR A MEMBER OF THE PARLIAMENT WHO IS A MEMBER OF, A POLITICAL PARTY WHOSE REGISTRATION IS CANCELLED.
(a) was responsible, in full or in part, for the circumstances giving rise to the cancellation of its registration; or
(b) was privy to the circumstances giving rise to the cancellation of its registration, and took no steps or insufficient steps to remedy the situation,
is guilty of misconduct in office.
(2) A Member of the Parliament who:
(a) was a member of a political party at the date of the cancellation of its registration under Section 31(2)(a); and
(b) was:
(i) responsible, in full or in part, for the circumstances giving rise to the cancellation of its registration; or
(ii) was privy to the circumstances giving rise to the cancellation of its registration and took no steps or insufficient steps to remedy the situation,
is guilty of misconduct in office.
(3) The Ombudsman Commission shall, on receipt of a notification:
(a) under Section 31(2)(c)(ii), investigate whether it is satisfied that any executive officer is guilty of misconduct in office under Subsection (1); and
(b) under Section 31(2)(c)(iii)(B), investigate whether it is satisfied that any Member of the Parliament is guilty of misconduct in office under Subsection (2),
in relation to the cancellation of the registration of the political party.
35. FURTHER PROCEDURE.
(a) an executive officer is guilty of misconduct in office under Section 34(1); or
(b) a Member of the Parliament is guilty of misconduct in office under Section 34(2),
the matter shall proceed in accordance with Part V of the Organic Law on the Duties and Responsibilities of Leadership.
(2) Where, following investigation under Section 34(3), the Ombudsman Commission is satisfied that an executive officer is not guilty of misconduct in office under Section 34(1), it shall so advise:
(a) the person concerned; and
(b) the Registrar.
(3) Where, following investigation under Section 34(3), the Ombudsman Commission is satisfied that a Member of the Parliament is not guilty of misconduct in office under Section 34(2), it shall so advise:
(a) the Member; and
(b) the Speaker; and
(c) the Registrar,
and the Member shall retain his office as a Member of the Parliament and may:
(d) join another registered political party; or
(e) remain independent from any political party.
(4) Where, as a result of the procedure under Part V of the Organic Law on the Duties and Responsibilities of Leadership no recommendation is made for the dismissal from office of a Member of the Parliament, the Member shall retain his office as a Member of the Parliament.
36. STATUS OF MEMBER AFTER NOTIFICATION TO OMBUDSMAN COMMISSION.
(a) notification by the Ombudsman Commission to the Speaker under Section 35(3)(b); or
(b) the decision of a tribunal in accordance with Part V of the Organic Law on the Duties and Responsibilities of Leadership,
the Member shall not become a member of another registered political party.
Division 7.
Dissolution of Registered Political Party.
37. DISSOLUTION OF REGISTERED POLITICAL PARTY.
(