Political parties must disclose private funding – court ruling

The Western Cape High Court has ruled that Parliament must amend the Promotion of Access to Information Act (PAIA) so that political parties will be compelled to disclose the source of their private funding.

Judge Yasmin Meer ruled on Wednesday that Parliament has 18 months to rectify “inconsistencies” in PAIA, following an application from non-profit organisation My Vote Counts.

Respondents included President Jacob Zuma, the Minister of Home Affairs, the African National Congress (ANC) and all 12 opposition parties.

Meer said information about private funding is “reasonably required” for the effective exercise of the right to vote and to make political choices by the Constitution.

“It is declared that the Promotion of Access to Information Act, 2 of 2000, is inconsistent with the Constitution and invalid insofar as it does not allow for the recordal and disclosure of private funding information.


“The declaration of invalidity… is suspended for 18 months in order to allow Parliament to remedy the defects in PAIA and to allow for the recordal and disclosure of private funding of political parties and independent candidates.”

My Vote Counts had also argued for a “continuous and systematic” method in which parties disclose the information.

Meer though said the courts cannot dictate the manner in which Parliament orders parties to disclose their information, as such an order would infringe on the separation of powers.

The request for mere disclosure however can be granted, through an amendment of the PAIA.

The Minister of Justice and Correctional Services and the Democratic Alliance (DA) were ordered to pay the costs of the application.

Parliament is currently conducting its own ad hoc committee process to review how political parties are funded, and a draft bill was drafted last week for review.

It has set itself a November deadline to formalize a final bill.

Subscribe to the M&G

These are unprecedented times, and the role of media to tell and record the story of South Africa as it develops is more important than ever.

The Mail & Guardian is a proud news publisher with roots stretching back 35 years, and we’ve survived right from day one thanks to the support of readers who value fiercely independent journalism that is beholden to no-one. To help us continue for another 35 future years with the same proud values, please consider taking out a subscription.

Paul Herman
Paul Herman works from London. London based Songwriter/Producer. Paul has written songs for Artists like Dido, Emeli Sande, Corinne Bailey Rae, Eminem, Izzy Bizu, Raleigh Ritchie... Paul Herman has over 260 followers on Twitter.

Related stories

Finance probe into the Ingonyama Trust Board goes ahead

The threat of legal action from ITB chairperson Jerome Ngwenya fails to halt forensic audit ordered by the land reform minister

Ailing Far East Rand hospital purchases ‘vanity’ furniture

Dr Zacharia Mathaba, who purchased the furniture, is a suspected overtime fraudster and was appointed as Gauteng hospital chief executive despite facing serious disciplinary charges

Eusebius McKaiser: Reject the dichotomy of political horrors

Senekal shows us that we must make a stand against the loud voice of the populist EFF and racist rightwingers

Seals abort pups in mass die-off

There are a number of factors — a pollutant, virus or bacteria or malnutrition — may have caused the 12 000 deaths on Namibia’s coast

Corporates: A force for good for a sustainable future

In order to see people and nature thrive what is required is a strong focus on partnerships – we cannot act alone anymore

Cartoon by Carlos: No escapé for Senor Agrizzi

Angelo Agrizzi will have to enjoy the South African government’s hospitality for the time being
Advertising

Subscribers only

SAA bailout raises more questions

As the government continues to grapple with the troubles facing the airline, it would do well to keep on eye on the impending Denel implosion

ANC’s rogue deployees revealed

Despite 6 300 ANC cadres working in government, the party’s integrity committee has done little to deal with its accused members

More top stories

Finance probe into the Ingonyama Trust Board goes ahead

The threat of legal action from ITB chairperson Jerome Ngwenya fails to halt forensic audit ordered by the land reform minister

Ailing Far East Rand hospital purchases ‘vanity’ furniture

Dr Zacharia Mathaba, who purchased the furniture, is a suspected overtime fraudster and was appointed as Gauteng hospital chief executive despite facing serious disciplinary charges

Eusebius McKaiser: Reject the dichotomy of political horrors

Senekal shows us that we must make a stand against the loud voice of the populist EFF and racist rightwingers

Seals abort pups in mass die-off

There are a number of factors — a pollutant, virus or bacteria or malnutrition — may have caused the 12 000 deaths on Namibia’s coast
Advertising

press releases

Loading latest Press Releases…

The best local and international journalism

handpicked and in your inbox every weekday