• Days before the national elections, President Cyril Ramaphosa signed the controversial Electoral Matters Amendment Act.
  • My Vote Counts says the act has created a vacuum on donations limits to political parties and independent cand
  • idates.
  • The matter is being heard in the Western Cape High Court on Monday.

My Vote Counts, the Presidency, the justice, correctional services and home affairs ministries, as well as the speaker of National Assembly’s office will return to the Western Cape High Court on Monday to address the gap in political party funding regulations.

Just a few days before the national elections, President Cyril Ramaphosa signed into law the Electoral Matters Amendment Act (EMAA), which amended the Political Party Funding Act (PPFA).

When the EMAA came into effect, it repealed the R100 000 disclosure threshold and R15 million annual donation limit set by the PPFA.

My Vote Counts wants these limits reinstated because, as things stand, funders may back parties without making declarations.

Ahead of the EMAA being operationalised, My Vote Counts had warned Ramaphosa and Parliament that the manner in which they were amending the PPFA “without simultaneously setting the disclosure threshold and the annual limit” would create a lacuna – a legal gap.

My Vote Counts said at the weekend:

Despite these warnings, the EMAA was signed into law, and, for the past 93 days, donations of any amount could have been made to political parties or independent candidates, and there has been no legal obligation for parties or donors to disclose.

The NGO said this created a “political funding free-for-all” just weeks before the most consequential elections in the past three decades.

“As a result of this entirely avoidable situation, My Vote Counts was left with no choice but to approach the court on an urgent basis to reinstate the previous financial thresholds until new regulations in terms of the EMAA had been passed,” the organisation said.

On 17 May, the Western Cape High Court heard My Vote Counts’ urgent application, making a prima facie finding that the EMAA had a lacuna because the determination of a new disclosure threshold and upper limit was still pending.

Judge Daniel Thulare found the EMAA was unconstitutional because of the lacuna, ordering the rule nisi, without an interim order.

He also ordered that there be a hearing on 12 August to decide whether the interim relief should be granted.

The parties will present final submissions on why My Vote Counts’ requested relief should not be granted.

The court will hear arguments on why the following should not be granted:

  • Declaring sections 29(G) and (H) of the EMMA, and the amended regulations to the PPFA, inconsistent with the Constitution and invalid; and
  • The determination of the upper limit (R15 million annually) in the amended Regulation 7(1) of Schedule 2 of the PPFA, and the disclosure threshold (R100 000 annually) in the amended Regulation 9 of Schedule 2 of the PFFA.

My Vote Counts will argue that, “without established financial thresholds, there is an ongoing risk of unregulated and undisclosed funding” and that “the situation necessitates prompt intervention to maintain transparency and accountability in political financing”.

It will also aver that “every day that passes without these measures increases the risk of undisclosed and unlimited donations influencing political activities, and compromises the integrity of the democratic process”.

READ | Party funding bill places ‘SA’s constitutional democracy in peril’ – MyVoteCounts tells court

The EMMA granted Ramaphosa the discretion to set the upper limit, but he had to do so based on a resolution from Parliament.

On 10 May 2024, My Vote Counts launched the main application, where, due to the lacuna in the Political Party Funding Act 6 of 2018, the applicant sought an order granted ex parte that the upper limit be determined at R15 million per annum, and the disclosure threshold be deemed to be determined at R100 000 per annum.

In an 8 August explanatory affidavit, filed by Parliament’s chief legal adviser Zuraya Adhikarie on behalf of National Assembly Speaker Thoko Didiza, Parliament said it did not oppose the relief sought by My Vote Counts.

The Presidency, home affairs, justice and correctional services ministries, as well as the speaker’s office were listed as applicants.

On Sunday night, My Vote Counts executive director Minhaj Jeenah said that, as of last week, the Presidency and the ministries were yet to file further papers.

The DA wants to be admitted in the case and has submitted an intervention application.

 

Originally published on News24.