MOGOENG CJ Does this judgment undermine the Bill? [13] We have become aware that Parliament has already embarked on the process of passing legislation in terms of which the recordal and disclosure of information on the private funding of political parties would be regulated.15 And a question has arisen whether the legislative process should perhaps be left to run its full course before this judgment could be produced and delivered. The potential problem being anticipated is, in other words, whether this judgment could interfere in some way with the ongoing parliamentary process and cause confusion that we should seek to avoid. [14] After proper reflection, the production and delivery of this judgment seems to be appropriate and inevitable. The High Court has made an order that PAIA is constitutionally invalid to the extent of its failure to provide for the recordal and disclosure of information on the private funding of political parties and independent candidates. That “order has no force unless it is confirmed by the Constitutional Court”.16 For this reason, the High Court order cannot be left hanging. Its merits were debated in this Court so that we may do what the Constitution requires of us to do – confirm or set aside the order. [15] In any event, the content of the Bill and its possible impact on the issues before us was not part of the case that culminated in the High Court order. The case that was presented to the High Court, that we are grappling with in these confirmatory proceedings, has to do with a frontal attack that was launched on the constitutional validity of PAIA. That is so because, in a previous case, this Court correctly ruled that PAIA is the legislation envisaged by section 32(2) of the Constitution to regulate access to information.17 And the long title of PAIA makes this abundantly clear. It refers to the right of access to information and that PAIA is the national legislation 15 Political Party Funding Bill (as introduced in the National Assembly (section 75); prior notice of its introduction published in Government Gazette No. 41125 on 19 September 2017). 16 Section 172(2)(a) of the Constitution above n 14. 17 My Vote Counts judgment above n 4 at paras 147-8. 7