Political Financing around the World: A Historical Overview and Financing Models; Which Model for Uganda?

Daniel Masumba Walyemera

doi:10.25159/2520-9515/11300

Authors

Daniel Masumba Walyemera University of South Africa https://orcid.org/0000-0003-4649-9030

DOI:

https://doi.org/10.25159/2520-9515/11300

Keywords:

political financing, electoral campaign financing, historical overview, political financing models, Uganda

Abstract

This paper provides an overview of political financing in the world. This enables the proposal to select a suitable political financing model for Uganda. In this regard, an effort has been made to trace the origins of political financing from North America to Africa. The justification for its existence has also been illustrated. Political financing can facilitate the protection and promotion of international human rights standards. This is especially so, regarding citizens’ rights to participate in their public affairs. The paper also shows that money has justifiable and legitimate purposes in electoral campaigns. Its unregulated use, however, may lead to corruption. Finally, the paper suggests a political financing model appropriate to Uganda’s environment. Doctrinal methods of research were used to carry out the study. This method of research involves a library-based analysis of legal sources. There are two steps to the doctrinal research methods. The first step is finding the primary sources of law. The second step is the examination of these primary sources.

References

Abdulai, E.S. 2023. “ Political Party Financing.” In Electoral Politics, Laws and Ethnicity in Africa, edited by E.S Abdulai, 97–116. Cham: Palgrave Macmillan. https://doi.org/10.1007/978-3-031-34136-6_6 DOI: https://doi.org/10.1007/978-3-031-34136-6_6

Alternatives, Konrad Adenauer Stiftung and Young Leaders Think Tank for Policy. 2015. “Electoral Reforms in Uganda.” September 21st. www.kas.de/uganda.

Ballington, J. 2014. “Gender Equality in Political Party Funding.” In Funding of Political Parties and Election Campaigns, edited by R. Austin and M. Tjernstrom 157. Stockholm: International IDEA.

Brodie, J. 1991. “Women and Electoral Politics in Canada.” In Women in Canadian Politics: Towards Equality in Representation, edited by Royal Commission on Reform and Party Financing. Toronto: Royal Commission on Reform and Party Financing.

Choudhry, S. 2017. “ Political Party Finance Regulation: Constitutional Reform after the Arab Spring.” In Political Party Finance Regulation: Constitutional Reform after the Arab Spring, edited by S Choudhry and GB Katherine. Centre for Constitutional Transitions: New York and International IDEA: Stockholm.

Dendere, C. 2021. “Financing Political Parties in Africa: The Case of Zimbabwe.” The Journal of Modern African Studies 59 (3): 295–317. https://doi.org/10.1017/S0022278X21000148 DOI: https://doi.org/10.1017/S0022278X21000148

EISA. n.d. “Electoral Institute for Sustainability of Democracy in Africa (EISA).” Accessed 7 December 2022. www.eisa.org-za/WEP/comparties.htm

Foreman, C. 2018. “Money in Politics: Campaign Finance and its Influence over the Political Process and Public Policy.” UIC J. Marshal L. Rev. 52(1): 185.

Freidenberg, F. and B. Muñoz-Pogossian. 2019. “Democratic Innovation Mechanisms and Women’s Political Participation in Latin America and the Caribbean.” In Encyclopedia of Educational Innovation: Section on Political Innovation, edited by MA Peters and R. Heraud, 1–9. Singapore: Springer. https://doi.org/10.1007/978-981-13-2262-4_41-1 DOI: https://doi.org/10.1007/978-981-13-2262-4_41-1

Geddis, A. 2004. “Liberte, Egalite, Argent: Third Party Spending and the Charter.” Albert Law Review 42 (2): 429–458. https://doi.org/10.29173/alr1296 DOI: https://doi.org/10.29173/alr1296

Gençkaya, O. F. 2018. “ 2018, Financing Political Parties and Electoral Campaigns in Turkey).” In Party Politics in Turkey, edited by O.F Gençkaya, 61–79. London: Routledge. https://doi.org/10.4324/9781315461892-5 DOI: https://doi.org/10.4324/9781315461892-5

Hummel, C., J. Gerringand T. Burt. 2021. “ Do Political Finance Reforms Reduce Corruption?” British Journal of Political Science 51(2): 869–889. https://doi.org/10.1017/S0007123419000358 DOI: https://doi.org/10.1017/S0007123419000358

Huntington, S.P. 1991. “Third Wave .” Journal of Democracy.2(2):12–34. https://doi.org/10.1353/jod.1991.0016 DOI: https://doi.org/10.1353/jod.1991.0016

International Institute for Democracy and Electoral Assistance. 2004. “Financing of Political Parties: Public Funding and Taxation.” In Funding of Political Parties and Electoral Campaigns, edited by IDEA Handbook, 1–3. Stockholm: IDEA.

Klein, S. 2023. “On the Egalitarian Value of Electoral Democracy.” Political Theory. https://doi.org/10.1177/00905917231217133 DOI: https://doi.org/10.1177/00905917231217133

Kawanga, K. 2011. Political Party Financing in Uganda: A Critical Analysis in Reference to Other Countries. Kampala: Konrad Adenauer Stiftung.

Konrad Adenauer Stiftung. 2011. Konrad Adenauer Stiftung.

September 19. http://www.ipu.org/wmn-e/world.htm.

Locke, J. 2014. Second Treaties of Civil Government. Date accessed: 10 April 2022. http://www.constitution.org/jl/2ndtr08.htm

Magolowodo, A, E. Falguera and Z. Matsimbe. 2012. Regulating Political Party Financing: Some Insight from the Praxis. International Institute for Democracy and Electoral Assistance (IDEA)/Netherlands Institute for Multiparty Democracy.

Norris, P. 2015. Why Elections Fail. London: Cambridge University Press. https://doi.org/10.1017/CBO9781107280908 DOI: https://doi.org/10.1017/CBO9781107280908

Pradeep, MD. 2019. “Legal Research -Descriptive Analysis on Doctrinal Methodology.” Journal of Management, Technology and Social Sciences 4(2):95–103. https://doi.org/10.47992/IJMTS.2581.6012.0075 DOI: https://doi.org/10.47992/IJMTS.2581.6012.0075

Reed, Q. n.d. “Monitoring Election Campaign Finance.” In A Hand Book for NGOs; Justice Serires, Open Society Initiative, edited by New York Open Society Institute, 15–16. New York: New York Open Society Institute.

Schedler, A. 2002. “The Menu of Manipulation: Elections without Democracy.” Journal of Democracy (13) 2: 36–50. https://doi.org/10.1353/jod.2002.0031 DOI: https://doi.org/10.1353/jod.2002.0031

Schmitz, T. 2019. “Political Parties and their Funding in Germany.” Journal of the University of Latvia. Law 12: 86–95. https://doi.org/10.22364/jull.12.06 DOI: https://doi.org/10.22364/jull.12.06

Taekema, S and van der Burg. 2020. “Legal Philosophy as an Enrichment of Doctrinal Research Part 1: Introducing Three Philosophical Methods, 2020.” Law and Method. https://doi.org/10.5553/REM/.000046 DOI: https://doi.org/10.5553/REM/.000046

Tjernstrom, M and R. Austin. 2014. Funding Political Parties and Election Campaigns. Stockholm: International IDEA.

US Federal Elections Commission. 1996. Presidential Election Public Funding. Brochure, Washington DC: US Federal Elections Commission.

United Nations. 2021. UN News. Accessed March 6 2022. https://news.un.org/en/story/2021/03/1086582

van Biezen, I. 2012. “State Intervention in Party Politics: The Public Funding and Regulation of Political Parties 1. ” In The Funding of Political Parties, edited by K Ewing, J Rowbottom and J Tham, 191–205. London: Routledge.

Walyemera, D. M. 2020. “Enact Separate Election Financing Law to Avert Political Corruption” The Observer, 7 October 2020.

Walyemera, D M. 2018. “Commerciliazation of Parliamentary Elecetions in Uganda.” East African Journal of Peace and Human Rights 24(2): 182–202.

Walecki, M. 2010. Public Funding for Political Parties in Muslim Majority Societies. Washington, D.C: International Foundation for Electoral Systems.

Yablon, R. 2017. “Campaign Finance Reform Without Law.” Iowa L. Rev. (185): 103.

International Instruments

African Charter on Democracy, Elections and Governance, 2007.

African Union Convention on Preventing and Combating Corruption, 2003.

Universal Declaration on Human Rights, 1948.

International Covenant on Civil and Political Rights, 1966.

Soft Law Instruments

Declaration on the Principles Governing Democratic Elections in Africa.

Elections, Declaration on Criteria for Free and Fair. 26 March 1994. Unanimously Adopted by the Inter-Parliamentary Council at its 154th Session. Free and Fair Elections New Expanded Edition. Paris: G. S. Goodwin-Gill (Inter-Parliamentary Union 2006).

National Statutes

Constitution of the Republic of Uganda, 1995.

Election Campaign Financing Act 42 of 2013 (as amended) of Kenya.

Election Expenses Act 6 of 2010 of Tanzania.

Political Parties Funding Act 6 of 2018 of South Africa.

Promotion of Access to Information (Amendment) Act 31 of 2019 of South Africa.

Presidential Elections Act of 2005 (as amended) of Uganda.

Political Parties and Organisations Act, 2005 (as amended) of Uganda.

Cases

My Vote Counts NPC v Minister of Justice and Correctional Services & Another [2018] ZACC 17, 2018(5) SA 380 (CC).