Sections 32, 7(2), 19 of the Constitution — State’s duty to enable
or facilitate exercise of right to an informed vote — transparency,
accountability, openness
ORDER
On an application for confirmation of the order of the High Court of South Africa,
Western Cape Division, Cape Town (Meer J):
1.
The order of constitutional invalidity made by the Western Cape
Division of the High Court, Cape Town is confirmed, in these terms:
1.1
It is declared that information on the private funding of political
parties and independent candidates is essential for the effective
exercise of the right to make political choices and to participate in
the elections.
1.2
It is declared that information on private funding of political
parties and independent candidates must be recorded, preserved
and made reasonably accessible.
1.3
It is also declared that the Promotion of Access to Information
Act 2 of 2000 (PAIA) is invalid to the extent of its inconsistency
with the Constitution by failing to provide for the recordal,
preservation and reasonable disclosure of information on the
private funding of political parties and independent candidates.
1.4
Parliament must amend PAIA and take any other measure it
deems appropriate to provide for the recordal, preservation and
facilitation of reasonable access to information on the private
funding of political parties and independent candidates within a
period of 18 months.