MOGOENG CJ
deliver on their core constitutional mandate. They cannot help build a free society if
they are not themselves free of hidden potential bondage or captivation.
[42]
The commitment to build “a united and democratic South Africa” and to
“improve the quality of life of all citizens”32 can only be honoured by public officebearers whose character or will-power is unencumbered. Only when there is a risk of
being exposed for receiving funding from dubious characters or entities that could
influence them negatively, for the advancement of personal or sectoral interests,
would all political parties and independent candidates be constrained to steer clear of
such funders and be free to honour their declared priorities and constitutional
obligations. And that risk would be enabled by a regime that compels a disclosure of
information on the private funding of political players.
[43]
That said, it is probably correct that not every voting citizen would necessarily
seek information about the private funding of political parties and independent
candidates. Blind loyalty, ready access to information by reason of proximity to
public office-seekers, illiteracy or other factors could probably explain why. But that
is not the point. The State is under an obligation to do everything reasonably possible
to give practical and meaningful expression to the right of access to information and
the right to vote.
These two are human rights and freedoms.
And one of the
foundational values of our State is “the advancement of human rights and
freedoms.”33
[44]
The cumulative effect of these responsibilities yields an outcome that requires
of the State34 to pass legislation that provides for the recordal, preservation and
reasonable accessibility of information on private funding. If these principles were
not infused into our constitutional jurisprudence, it would be very difficult to give real
meaning to the right of access to information within the context of the right to vote.
32
Id.
33
Section 1(a) of the Constitution.
34
See section 7(2) of the Constitution above n 10.
17