Public access to party funding court ruling gets civil society’s green light

LESS than five hours after the Constitutional Court ordered political party funding details be made publicly accessible, Parliament announced that Justice and Correctional Services Minister Michael Masutha would facilitate the judgment’s implementation.

The Constitutional Court yesterday confirmed a high court ruling that the private funding of political parties and independent candidates must be made reasonably accessible.

The court upheld the earlier Western Cape High Court order that the Promotion of Access to Information Act (PAIA) was unconstitutional in this regard, and gave Parliament 18 months to amend the act.

The ruling was widely welcomed by civil society.

Also welcoming the judgment yesterday, Parliament in a statement was quick to point out that it had begun the process of legalising the Political Party Funding Bill.

The EFF has already signalled its intention to challenge the bill “in its current form”, while the DA has welcomed it with reservations.

An ad hoc committee on the funding of political parties in the National Council of Provinces has already been appointed by Parliament. It held its first meeting last month.

In that meeting, the ANC’s Dikgang Stock was elected as its chairperson, and he would serve alongside six of his party colleagues.

One DA representative, one EFF legislator and one from the IFP would complete the 10-member committee.

“To give effect to this judgment, Parliament will liaise with the minister of justice and correctional services with a view to facilitate a speedy implementation of the terms of this judgment,” reads the statement from Parliament.

In its judgment, the Concourt said: “Parliament must amend PAIA and take any other measure it deems appropriate to provide for the recordal, preservation and facilitation of reasonable access to information on the private funding of political parties and independent candidates within a period of 18 months.”

The matter was brought before the courts by non-profit organisation My Vote Counts (MVC). It has argued that voters need to be able to access information about party funding to be able to exercise their rights at the ballot box.

The high court found last year that the PAIA was inconsistent in this regard, and Chief Justice Mogoeng Mogoeng, in reading the Constitutional Court judgment yesterday, said it had concluded that the act was “deficient”, as it did not provide for the recording and safekeeping of private funding to parties, and for this to be made readily accessible to the electorate.

My Vote Counts expressed delight with the ruling, saying that it would improve the country’s political system.