Businesses could be denied government contracts if they are known to donate money to opposition parties, the Democratic Alliance said on Monday.
This was one of several objections the DA made on Monday in response to a Cape High Court application seeking to compel four political parties, including the DA, to disclose the identities of private donors.
”On a number of occasions donors has [sic] made it clear to me that they fear that the ANC [African National Congress] would take revenge by declining to grant government contracts or contracts at other levels of government if the ANC became aware of donations made to the DA,” said DA chief whip Douglas Gibson in a supplementary affidavit before court.
On Monday, the DA — represented by Owen Rogers, SC — concluded its submission seeking to dismiss an application by the Institute for Democracy in South Africa (Idasa).
Idasa seeks to compel the ANC, the DA, the New National Party and the Inkatha Freedom Party to open their books and disclose who their private funders are.
Rogers argued that the disclosure of the DA’s donation records will cause the party to suffer financial harm by way of a reduction in future donations.
He said future donors, reluctant to have their political affiliations made public, could refrain from donating or moderate their donations to below the R50 000 threshold figure mentioned by Idasa.
Those in commerce might decide not to donate to the DA, when the awarding of public contracts is controlled by functionaries who are members of or were appointed by the ANC-controlled government.
”Why run the risk in business?” asked Rogers.
The DA also argued that donations made to the party are done so privately and confidentially.
The party said in papers before the court that if it were to disclose donation records, donors could have recourse either for an interdict or for damages suffered by invasion of privacy.
Judge Ben Griesel reserved judgement on Monday after hearing final arguments from Idasa, the DA and the NNP.
The ANC addressed the court last Thursday.
Idasa seeks to establish the principle that political parties are obliged to give details of substantial private donations to those asking for that information under the Promotion of Access to Information Act.
The African Christian Democratic Party decided to reveal the extent of private funding it received, and the application against it was withdrawn.
The Inkatha Freedom Party filed a notice on Tuesday last week that it will abide by the court’s decision, and was not represented in court. — Sapa