Almost two years since we filed papers, our application challenging the constitutionality of the Political Funding Act (PFA) will be heard in the Western Cape High Court, on 17-19 February 2025. 

The Act, formerly the Political Party Funding Act (PPFA), is one of the most important pieces of legislation since 1996 and has gone a long way in deepening transparency in our politics and strengthening the right to vote. 

However, almost four years after its enactment and considering the disclosures published by the IEC, it is evident that the Act will not meet its constitutional aims of transparency, openness and accountability and needs to be strengthened. 

In its current form, it allows donations below R100,000 to go undisclosed, exempts natural persons from disclosure, ignores cumulative donations from related entities, allows excessive individual donations of up to R15 million per year, and grants the President unchecked discretion over funding limits.  

Therefore, we are seeking an order from the Court to declare that: 

  1. political parties and independents are obliged to disclose all private donations, regardless of the amount
  2. both natural and juristic persons are obliged to disclose donations they have made in excess of the annual threshold; 
  3. the annual upper donation limit of R15 million be significantly lowered; 
  4. cumulative donations made by related donors be regulated and limited; 
  5. political parties and independents be required to disclose the expenditure of all private donations;  
  6. the powers of the President to determine the disclosure threshold and annual upper donation limit be restricted and subject to more stringent guidelines; and 
  7. private donations above the annual limit received between May and August 2024 are returned to donors and there is full disclosure for this period. 

If granted, this application will be a vital step in curbing elite influence over our politics, strengthening voter accountability over public representatives, and upholding the right to access the necessary information to exercise the vote. 

You can view our Founding Affidavit, Supplementary Affidavit, and Heads of Argument. 

For the respondents’ papers, media queries and other information email joel@myvotecounts.org.za 

Submitted by Joel Bregman, MVC Project Lead on Money in Politics.