A non-profit organisation‚ My Vote Counts‚ has lost its bid to compel political parties to publicly disclose where‚ or who‚ their funding comes from. However‚ the Constitutional Court was divided on the issue.
Currently‚ political parties are not obliged to disclose the sources of their private funding before‚ during or after a general election.
My Vote Counts NPC had argued that information about political parties’ private funding is essential for citizens to exercise their constitutional right to vote in South Africa’s multi-party democracy. It wanted Parliament to change the law‚ in addition to the wide general provisions of the Promotion of Access to Information Act‚ to ensure regular disclosure by political parties of the sources of their private funding.
Parliament argued that there is no need for this legislation‚ as this information can be requested through the PAIA.
The majority judgment‚ written by Khampepe J‚ Madlanga J‚ Nkabinde J and Theron AJ (with Mogoeng CJ‚ Molemela AJ and Tshiqi AJ concurring)‚ held that PAIA is the legislation – envisaged in the Constitution – meant to give effect to the right of access to information. My Vote Counts should have attacked the constitutional validity of the PAIA‚ if it believed there were shortcomings.
"The majority judgment held that‚ since the essence of the complaint by My Vote Counts was that PAIA has certain shortcomings‚ it ought to have attacked its constitutional validity in the High Court. Its failure to do so was dispositive of the case. The majority judgment accordingly dismissed the application."
A minority judgment‚ written by Cameron J (with Moseneke DCJ‚ Froneman J and Jappie AJ concurring) held that the constitutional right to vote and the right of access to information requires regular compulsory disclosure of the sources of the private funding of political parties.
The minority judgment disagreed with the majority judgment’s finding that My Vote Counts was obliged to challenge the PAIA‚ because the Act is not the only legislation envisaged by the Constitution that must give effect to the right of access to information. "It partially fulfils the right‚ but does not purport to fulfil it completely‚" the minority judgment found.
Public denied right to know sources of political party funds
Currently‚ political parties are not obliged to disclose the sources of their private funding before‚ during or after a general election.
My Vote Counts NPC had argued that information about political parties’ private funding is essential for citizens to exercise their constitutional right to vote in South Africa’s multi-party democracy. It wanted Parliament to change the law‚ in addition to the wide general provisions of the Promotion of Access to Information Act‚ to ensure regular disclosure by political parties of the sources of their private funding.
Parliament argued that there is no need for this legislation‚ as this information can be requested through the PAIA.
The majority judgment‚ written by Khampepe J‚ Madlanga J‚ Nkabinde J and Theron AJ (with Mogoeng CJ‚ Molemela AJ and Tshiqi AJ concurring)‚ held that PAIA is the legislation – envisaged in the Constitution – meant to give effect to the right of access to information. My Vote Counts should have attacked the constitutional validity of the PAIA‚ if it believed there were shortcomings.
"The majority judgment held that‚ since the essence of the complaint by My Vote Counts was that PAIA has certain shortcomings‚ it ought to have attacked its constitutional validity in the High Court. Its failure to do so was dispositive of the case. The majority judgment accordingly dismissed the application."
A minority judgment‚ written by Cameron J (with Moseneke DCJ‚ Froneman J and Jappie AJ concurring) held that the constitutional right to vote and the right of access to information requires regular compulsory disclosure of the sources of the private funding of political parties.
The minority judgment disagreed with the majority judgment’s finding that My Vote Counts was obliged to challenge the PAIA‚ because the Act is not the only legislation envisaged by the Constitution that must give effect to the right of access to information. "It partially fulfils the right‚ but does not purport to fulfil it completely‚" the minority judgment found.
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