By Lehlohonolo Lehana.
ActionSA has launched an application to oppose the litigation launched by My Vote Counts, which, among other things, seeks to remove any disclosure limit for donations received by political parties.
The lobby group has filed papers in the Western Cape High for disclosure limit for donations received by political parties.
The non-profit organisation wants an order declaring that sections of the Political Party Funding Act (PPFA) and some of its regulations — which came into effect on 1 April 2021 — are invalid and unconstitutional because they fail to force political parties to disclose all private donations received and to impose adequate controls on private funding of political parties.
In the application, filed with the court, executive director Minhãj Jeenah says the objective is to strengthen democracy by giving meaningful effect to the constitutional imperatives of transparency, openness and accountability.
Included in the right to vote, Jeenah says, is the right of voters to have information “to mitigate against the undue influence exercised by private interests over elected representatives and political parties”.
The Act falls short of the constitutional standard, he says, in that it:
- limits the disclosure of a single donation or a combination of donations by the same donor to amounts over R100,000;
- does not regulate cumulative donations by donors related to one another;
- entitles political parties to accept private direct donations up to an “excessive limit” of R15-million; and
- only requires juristic persons (e.g. corporations), to the exclusion of natural persons (humans), to disclose donations made above the threshold.
The President is the first respondent in the application. Others cited include the Independent Electoral Commission and all political parties with seats in Parliament.
ActionSA National Michael Beaumont says this will favour political parties already represented in Parliament and marginalise the unrepresented parties.
“ActionSA has sought to engage MVC on the elements of their litigation which will have a profound and far-reaching negative impact on, MVC failed to respond to these requests consistent with the manner they served papers on parties only represented in the National Assembly.
“Through their papers, it can be deduced that MVC s actions seek to reduce the extent to which emerging parties are funded by donations from South Africans.”
Beaumont said they have exhausted engagements with the organisation on elements of its litigation and its negative impact, but MVC failed to respond to these requests consistent with the manner it served papers on parties only represented in the National Assembly.
“It appears that MVC is either ignorant or unfazed about the effect of their litigation on new emerging political parties which are proving vital to a democracy increasingly disinterested in the offerings of the political establishment.”
He said many donors opted to donate below the R100,000 disclosure limit out of a “justifiable” fear of experiencing reprisal from the ANC or DA.