Cape Town - Judgment has been reserved in the Western Cape High Court case challenging the financial thresholds of the Political Party Funding Act (PPFA).
Non-partisan organisation My Vote Counts approached the court on an urgent basis to reinstate the previous financial thresholds of the PPFA.
This came after President Cyril Ramaphosa signed the Electoral Matters Amendment Act on May 8, which removed previous limits on the PPFA R100 000 disclosure threshold and R15 million annual donation cap to political parties, a decision the organisation said “creates an environment for a political funding free-for-all”.
In a statement, My Vote Counts said: “Without established financial thresholds, there is an ongoing risk of unregulated and undisclosed funding. The situation necessitates prompt intervention to maintain transparency and accountability in political financing.
“Further, every day that passes without these measures increases the risk of undisclosed and unlimited donations influencing political activities, and compromising the integrity of the democratic process.”
The organisation said Parliament and the president were warned before the Electoral Matters Amendment Act was implemented that amending the PPFA, without simultaneously setting the disclosure threshold and annual limit, would create a gap in the law.
On May 17, My Vote Counts’ urgent application was heard, where Judge Daniel Thulare made a prima facie finding that there was indeed a lacuna in the PPFA, as the determination of a new disclosure threshold and upper limit was pending.
The court, however, directed that interested parties should return yesterday to make final submissions on why the requested relief should not be granted.
The Presidency, departments of Justice and Correctional Services, Home Affairs and the Speaker have indicated that they do not intend to oppose the court’s decision.
The DA has applied to also intervene in the case saying there is no gap in the act.
Yesterday, My Vote Counts’ senior researcher, Joel Bregman, told the “Cape Argus”: “For the past three months we have been saying there is a lacuna in the law, which has allowed political parties to take in any donations without any need to disclose; there is no legal obligation.
“We’ve seen what issues like this has caused in South Africa’s history and we are looking to close this gap, that is our contention. We believe whatever the court rules will have an impact on all political parties, that is our contention.”