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The majority agreed with the reasoning of My Vote Counts, holding that there was a vital connection between the right to vote and the right of access to information, insofar as the meaningful exercise of political rights must be an informed exercise of the same. Parliament was ordered to amend PAIA,
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compels
Parliament to give effect to the right of access to "any information that is held by another person and that is required for the exercise or protection of any rights". Compliance with section 32 therefore requires that Parliament pass legislation to provide for public access to information
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In the aftermath of that judgment, My Vote Counts lodged requests with various political parties, asking in terms of PAIA for information about the sources of the parties' private funding. Some of the parties declined those requests, arguing that PAIA did not cover such disclosures from political
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found in its favour on 27 September 2017, and her order of constitutional invalidity was referred to the
Constitutional Court for confirmation; My Vote Counts also appealed the High Court's refusal to declare that PAIA should require "continuous and systematic" disclosure of information on party
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insofar as it failed to fulfil the imperative of promoting access to information on the private funding of political parties and independent candidates. According to their application, this imperative arises from a joint reading of sections 7(2), 19, and 32 of the
Constitution: the meaningful
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It was common cause among the disputants that PAIA was the act of national legislation intended to regulate and give effect to the right of access to information. My Vote Counts argued, and the High Court agreed, that PAIA was inconsistent with the
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and to "take any other measure it deems appropriate to provide for the recordal, preservation and facilitation of reasonable access to information on the private funding of political parties and independent candidates", within 18 months.
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PAIA "is invalid to the extent of its inconsistency with the
Constitution by failing to provide for the recordal, preservation and reasonable disclosure of information on the private funding of political parties and independent
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However, the court refused My Vote Count's appeal on the matter of ordering "continuous and systematic" disclosure; again agreeing with the High Court, the majority held that such an order would trench on the
418:"information on the private funding of political parties and independent candidates is essential for the effective exercise of the right to make political choices and to participate in the elections."
414:, the Constitutional Court confirmed the order of constitutional invalidity made by the Western Cape High Court. Preserving the substance of Meer's order, the Constitutional Court declared that:
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insofar as it failed to give effect to that right. The matter was heard on 13 March 2018 and decided on 21 June 2018, with a majority judgment written by Chief
Justice
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402:, who contended that PAIA made adequate provision for the disclosure of information about the private funding of political parties and independent candidates.
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355:, in which it sought to challenge the constitutional validity of PAIA insofar as PAIA failed to mandate the disclosure of private party funding. Judge
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453:, which he said would be weakened not only if individual voters were uninformed but also if civil society and media institutions were uninformed.
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421:"information on private funding of political parties and independent candidates must be recorded, preserved and made reasonably accessible."
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signed into law the
Promotion of Access to Information Amendment Act, 2019, which gives effect to the decision.
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Mogoeng CJ (Zondo DCJ, Jafta J, Khampepe J, Madlanga J, Theron J, Dlodlo AJ, Goliath AJ and Petse AJ concurring)
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494:"Buying Democracy: The Regulation of Private Funding of Political Parties and the Press After My Vote Counts"
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reflected on several tangential issues, including the implementation of the court's order and the notion of
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of PAIA rather than rely directly on the constitutional right which PAIA aims to effectuate.
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This article is about the decision known as My Vote Counts II. For My Vote Counts I, see
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My Vote Counts NPC v
Minister of Justice and Correctional Services and Another
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My Vote Counts NPC v
Minister of Justice and Correctional Services and Another
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612:"Advocacy: Media welcome Constitutional Court ruling on party funding"
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339:(PAIA); a majority of the Constitutional Court held that, under the
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is unconstitutional insofar as it fails to provide for such access.
639:"Amended law will improve transparency of political party funding"
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On 21 June 2018, in a majority judgment written by Chief
Justice
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parties. This triggered an application by My Vote Counts to the
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My Vote Counts v
Minister of Justice and Correctional Services
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In a brief separate concurrence, in which Acting Justice
311:My Vote Counts v Speaker of the National Assembly
21:My Vote Counts v Speaker of the National Assembly
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94:; 2018 (8) BCLR 893 (CC); 2018 (5) SA 380 (CC)
400:Minister of Justice and Correctional Services
315:the non-profit My Vote Counts approached the
586:"Parties have a duty to reveal their donors"
337:Promotion of Access to Information Act, 2000
290:Promotion of Access to Information Act, 2000
232:Promotion of Access to Information Act, 2000
198:Promotion of Access to Information Act, 2000
535:"Understanding the My Vote Counts judgment"
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461:Civil society organisations, including the
192:is essential for the effective exercise of
674:Constitutional Court of South Africa cases
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533:Ampofo-Anti, Ohene Yaw (27 June 2018).
386:depends on access to information about
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323:to pass legislation that would oblige
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258:transparency, accountability, openness
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463:South African National Editors' Forum
317:Constitutional Court of South Africa
274:Constitutional Court of South Africa
49:Constitutional Court of South Africa
398:The application was opposed by the
216:Froneman J (Cachalia AJ concurring)
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319:with an application to compel the
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637:Allsop, Geoffrey (15 June 2020).
113:; 2018 (2) SACR 644 (WCC) in the
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255:section 32 of the Constitution
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498:Constitutional Court Review
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353:High Court of South Africa
321:Parliament of South Africa
292:was inconsistent with the
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108:My Vote Counts v President
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469:, welcomed the decision.
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616:The Mail & Guardian
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451:participatory democracy
361:Western Cape High Court
286:political party funding
229:Political party funding
395:about party funding.
308:In the 2015 matter of
92:[2018] ZACC 17
68:21 June 2018
511:10.2989/CCR.2021.0018
333:access to information
329:their private funding
284:about the sources of
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272:is a decision in the
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119:Western Cape Division
492:Porat, Iddo (2021).
436:separation of powers
276:which established a
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467:amaBhungane
364:funding.
213:Concurrence
205:Decision by
162:Cachalia AJ
80:Docket nos.
663:Categories
648:18 January
622:18 January
596:18 January
570:18 January
544:18 January
480:References
392:section 32
384:section 19
304:Background
170:Goliath AJ
154:Madlanga J
150:Khampepe J
142:Froneman J
134:Mogoeng CJ
83:CCT 249/17
72:2018-06-21
520:2073-6215
457:Reactions
368:Arguments
280:right of
166:Dlodlo AJ
138:Zondo DCJ
88:Citations
406:Judgment
221:Keywords
174:Petse AJ
158:Theron J
359:of the
146:Jafta J
70: (
65:Decided
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390:, and
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