MOGOENG CJ [55] But, a proper basis must be laid for that information to be made just as accessible to them. It must thus be demonstrated at the level of principle that they too require that information “for the exercise or protection of any rights”. It would be disingenuous of a political party, a media outlet or an academic to rely on section 19 when in fact the information is required for the exercise or protection of another right or other rights. Integrity is key and must be facilitated here. And section 16(1) of the Constitution lays a solid basis for political players, non-governmental entities, the academia and the media to have reasonable access to it. It provides: “Everyone has the right to freedom of expression, which includes— [56] (a) freedom of the press and other media; (b) freedom to receive or impart information or ideas; (c) freedom of artistic creativity; and (d) academic freedom and freedom of scientific research.” The right to freedom of expression is available for the enjoyment of “everyone”. “Everyone” here section 32 (1) of the Constitution. is as all-encompassing as “everyone” in Non-profit organisations like My Vote Counts, political parties, independent candidates, the media, the academia and indeed “everyone” ought to be able to effectively exercise or protect all facets of the right to freedom of expression. We all therefore enjoy the right to freedom of expression in relation to information on private funding that is essential for meaningful participation in the electoral process. [57] The media and the press are doubly covered by section 16(1)(a) of the Constitution in their entitlement to information that could help them exercise or protect “any rights”.43 section 16(1)(d). The academia is similarly-situated by reason of As for political parties, independent candidates or the likes of My Vote Counts, who do not necessarily need information for the purpose of exercising or protecting their right “to vote in elections for any legislative body 43 Section 32(1)(b) of the Constitution. 22

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