On 27 May 2024, following the urgent application hearing on 17 May 2024, the Honourable Judge Thulare delivered his judgment in which he inter alia found that the EMAA is prima facie unconstitutional on account of the lacuna it created. My Vote Counts had launched an urgent application to defend our party funding transparency laws which was heard in the Western Cape High Court on 10 May 2024.

The respondents cited in the matter are the President, the Minister of Justice and Correctional Services, the Minister of Home Affairs, and the Acting Speaker of the National Assembly.

Our application asked the Court to make an immediate order to declare parts of the Electoral Matters Amendment Act, as they relate to the Political Party Funding Act (PPFA), specifically to the R100k disclosure threshold and the R15m donation limit, inconsistent with the Constitution and invalid. Further, that until Parliament passes a resolution on the matter, and the President makes a final determination on these limits, the disclosure threshold should be R100k, and the upper limit R15m.

Judge Thulare, initially, only ordered the rule nisi, without making an interim order, and held that the Court hearing the matter on the return date should make a determination on whether the interim relief should be granted. Interested parties returned to court on 12 August, where some respondents withdrew their arguments. On 16 August 2024, the Judge delivered his judgement. Below are all the court papers relevant to this matter.

  1. Applicant’s Founding Affidavit 09052024 (final – unsigned)
  2. Applicant’s Notice of motion 09052024 (signed)
  3. Applicant’s Notice of set down 09052024
  4. DA’s Intervention Application 14052024
  5. Fourth Respondent’s (NA Acting Speaker) Notice to Abide 14052024
  6. DA’s Notice of intention to oppose 15052024-signed
  7. Fourth Respondent’s (NA Acting Speaker) Explanatory Affidavit 16052024
  8. Applicant’s Replying and Answering Affidavit (signed) 16052024
  9. Third Respondent’s (Min Home Affairs) Answering Affidavit 16052024
  10. Applicant’s Note for argument 17052024 (final)
  11. Applicant’s Replying Affidavit to the Third Respondent’s (Min Home Affairs) Answering Affidavit 17052024
  12.  Applicant’s Short submissions 17052024 (final)
  13. First Respondent’s (President) Answering Affidavit 17052024
  14. MVC Judgment, WC High Court Case No. 10607.24 27052024
  15. DA’s Notice of motion – Leave to Oppose 26072024
  16. DA Supporting Affidavit – Leave to Oppose 26072024
  17. Fourth respondent’s (NA Speaker) Explanatory Affidavit 08082024
  18. Applicant’s Heads of Argument 08082024 (filed)
  19. Applicant’s Answering Affidavit – second intervention application 0882024  
  20. MVC Final Judgment, WC High Court Case No. 1607.24 16082024