MOGOENG CJ Constitution,12 read together. The Court however, dismissed the contention that the order has to provide for a “continuous and systematic” recordal and disclosure of information on private funding on the ground that to do so would amount to prescribing to Parliament how to execute its constitutional mandate, thus encroaching on its exclusive domain impermissibly.13 [10] Because that order of constitutional invalidity is required to be confirmed by this Court before it can have any force, this Court is seized with the matter.14 But, My Vote Counts has also sought leave to appeal against the High Court’s refusal to include the words “continuous and systematic” in the order. [11] None of the political parties opposes the confirmatory proceedings or the application for leave to appeal. Although the Democratic Alliance is cited as the second respondent, it too did not participate in these proceedings. [12] The Minister of Justice and Correctional Services, however, opposes the confirmation of the order and the application for leave to appeal. He does so on the grounds that PAIA makes adequate provision for the recordal and disclosure of information on the private funding of political parties and independent candidates. He also argues that the provision that deals with the funding of political parties is not section 32 read with sections 7(2) and 19, but section 236 of the Constitution. 12 Id at para 75. 13 Id at paras 70-3. 14 Section 167(5) of the Constitution reads as follows: “The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court of South Africa, or a court of similar status, before that order has any force.” See also section 172(2)(a) of the Constitution which states: “The Supreme Court of Appeal, the High Court of South Africa or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court.” 6