ConCourt lifts lid on party funding

FAIRNESS: PEOPLE KNOW WHAT THEY’RE VOTING FOR

Secret funds could undermine fulfilment of constitutional obligations – chief justice.

The Constitutional Court yesterday effectively threw open political parties’ financials to the public, declaring information on their private funding was essential for the effective exercise of the right to make political choices and to participate in the elections.

“My Vote Counts is incredibly happy with the judgment as this means that our political system will now change,” said spokesperson Sheilan Clarke.

The nonprofit organisation stood alone in its bid to have the Promotion of Access to Information Act (Paia) declared constitutionally deficient.

“We have put in a great amount of effort to get to this point and we are pleased that this will allow for greater transparency on how political parties operate,” Clarke said. “From here, parliament will either have 18 months to amend Paia as it stands to allow for the access for information to private funding, or to enact or create another piece of legislation.”

Political analyst Ralph Mathekga said the decision sent a strong message that for South Africa’s democracy to stabilise, there should be public disclosure of private funding of political parties.

“This will provide key information for voters as they exercise their rights,” said Mathekga.

He said this would force political parties to begin to deal with donors who were squeaky clean.

“There will be scrutiny on funders and parties will have to explain relationships with controversial funders,” he noted. “This will contribute towards elimination of bribery as a currency in politics.”

In his hard-hitting judgment, Chief Justice Mogoeng Mogoeng said all information necessary to enlighten the public about candidates must not only be captured and preserved, but also made reasonably accessible.

“The reality is that private funders do not just thoughtlessly throw their resources around,” Mogoeng said. “They do so for a reason and quite strategically.

“Some pour in their resources because the policies of a particular party or independent candidate resonate with their world outlook or ideology.

“Others do so hoping to influence the policy direction of those they support to advance personal or sectional interests.

“Money is the tool they use to secure special favours or selfishly manipulate those who are required to serve and treat all citizens equally.”

The chief justice noted that unconfirmed or secret private funding, including from other nations, could undermine the fulfilment of constitutional obligations.

“They [political parties] cannot help build a free society if they are not themselves free of hidden potential bondage or captivation.”

Parliamentary spokesperson Moloto Mothapo said the judgment was welcomed and that it went well with an initiative taken in drafting a Political Party Funding Bill, currently being considered by its ad hoc committee on political funding.

“To give effect to this judgment, parliament will liaise with the minister of justice and correctional services with the view to facilitate a speedy implementation of the terms of this judgment,” Mothapo said.

Clarke said political parties did not have to wait the full 18 months to open their books. “They can disclose who their funders are by simply posting the information on their websites.”

General elections are expected to take place some time in the second quarter of next year. The last general election was on May 7, 2014. –

This will contribute towards elimination of bribery as a currency in politics.

Ralph Mathekga Political analyst

Ace Magashule ANC secretary-general