The court application by advocacy NGO My Vote Counts, challenging the constitutionality of the Political Funding Act (PFA), will be heard in the Western Cape High Court on Monday.
The Act was formerly known as the Political Party Funding Act.
My Vote Counts wants the court to declare parts of the Act unconstitutional, saying it undermined the right to transparency and accountability in political party funding.
It believes the Act does not go far enough in ensuring the public has access to full and transparent information regarding party finances.
In 2020, the court ruled that the public has a constitutional right to access information about the sources of political party funding, as it directly impacts the functioning of democracy.
The court highlighted concerns about the lack of disclosure for donations under R100,000, fearing that this could allow private interests to exert undue influence over political parties without public oversight.
The PFA, enacted in 2019, aims to foster transparency and accountability in political party financing. It mandates that political parties and independent candidates disclose both public and private donations, with a particular emphasis on donations exceeding R100,000 in a calendar year.
The Act also allows for public funding based on electoral performance and tasks the Independent Electoral Commission (IEC) with ensuring compliance. Its overall goal is to limit the influence of undisclosed private interests and safeguard the integrity of South Africa’s democracy.
Nevertheless, critics like My Vote Counts argue that the Act does not go far enough, especially in ensuring transparency for smaller donations and the full disclosure of funding sources.
Link to article: https://www.jacarandafm.com/news/news/political-funding-actcourtmonday/