On 27 May, the Western Cape High Court handed down its judgment and concurred with our position that there is a lacuna in the Political Party Funding Act (PPFA) and that it is prima facie unconstitutional, in relation to the amendments made to the Electoral Matters Amendment Act. Despite the Court agreeing that a lacuna exists, it did not make an order of constitutional invalidity and took no immediate action to close this gap. The Court’s position is that at this point, it would be usurping legislative authority in doing so. Instead, it ruled that interested parties return on 12 August to show cause why the order should not be granted.
Given the threat that this period of lawlessness (08 May 2024 – present) poses to our democracy, we seek to supplement our May 2023 papers concerning the PPFA. We aim to provide for the setting aside of the EMAA and all actions taken under that legislation. This includes the reversal of all donations exceeding the R 15 million annual limit and the reinstatement of mandatory disclosure for all donations made since May 8, 2024. Below is our supplementary affidavit.
