13 August 2024
On 12 August 2024, My Vote Counts (MVC) returned to the Western Cape High Court for the return date hearing in relation to the urgent application we brought in May 2024. For the past 3 months, we have been in a period of political party funding lawlessness since the President brought the Electoral Matters Amendment Act (EMAA) into operation, which amended the Political Party Funding Act (PPFA) in a manner that removed the R100,000 disclosure threshold and R15 million annual donation cap.
As such, the relief sought in this matter is for the Court to reinstate the previous financial thresholds, as interim relief, until new regulations in terms of the EMAA are passed.
At the outset, the Minister of Justice and Correctional Services and the Speaker of the National Assembly (the second and fourth respondents) had indicated that they would not oppose the urgent application and would abide by the court’s decision. Following the court’s prima facie finding on 27 May 2024 that there is indeed a gap in the EMAA, and at the return date hearing, the President and the Minister of Home Affairs (the first and third respondents) formally withdrew their opposition and indicated that they would now abide by the Court’s decision. Consequently, none of the respondents opposed the urgent application.
The only other entity involved in the matter – and as of today the only one opposing our application – is the Democratic Alliance (DA). The party sought to be admitted to the case as a respondent in May, but this was rejected by the Court. The DA’s intervention application was heard today, and the Court will decide whether the party does have a right to and would be unfairly prejudiced should it not be part of proceedings (particularly given that the DA does not contend that any of the relief sought by MVC would prejudice it). The DA’s position is that there has never been a lacuna in the law and that the pre-EMAA thresholds and limits continue to apply. Despite opposing MVC’s relief, the DA contends that the Court should grant relief which closely mirrors, for all intents and purposes, what MVC is seeking.
Judge Thulare has reserved judgment and MVC awaits the outcome of this important matter. The Court must ultimately: (i) decide whether it admits the DA; and (ii) make a determination on whether there is a lacuna in the EMAA and how to address it.