MOGOENG CJ
established in terms of the Constitution”, this section provides the basis for their
access to information on private funding.
[58]
Section 16(1)(b) guarantees “everyone” the right to “freedom to receive or
impart information or ideas”. This is an omnibus provision so wide that it appears
incapable of leaving any willing passenger behind. In a political environment like
elections, information on funding is needed by party members or supporters of a
political cause to recruit, campaign and generally impart information or ideas. All of
them including NGOs, the media and academia need to “receive” information relevant
to voting to in turn be able to “impart” and cause others to “receive” processed
information from them. These are rights open to them to exercise or protect. The
State’s constitutional obligation to ensure that this information is not deceptively or
selectively recorded, is preserved and reasonably accessible to voters, also extends to
all,
especially
information-disseminating
and
public
interest-advancing
establishments.
Is PAIA deficient?
[59]
My Vote Counts launched a frontal challenge to the constitutional validity of
PAIA. It contends that, properly understood, section 32 read with sections 19 and
7(2) of the Constitution requires Parliament to pass legislation that provides for the
recordal and disclosure of information on the private funding of political parties and
independent candidates. Also, that PAIA being the legislation passed in an attempt to
fulfil this obligation has failed to do so.
[60]
The High Court made the following order:
“1.
It is declared that information about the private funding of political parties
and independent ward candidates (the latter concept as contemplated in
section 16 of the Local Government: Municipal Electoral Act 27 of 2000)
(independent candidates) registered for elections for any legislative body
established under the Constitution (private funding information) is reasonably
required for the effective exercise of the right to vote in such elections and to
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