MOGOENG CJ
“will of the people” that is expressible through voting. If the door is left open to
potentially or actually compromised political parties or independent candidates to be
voted into and hold public office, then the government birthed by such flawed political
players could hardly be described as truly based on the “will” of the people. That
government or legislative body would not find it easy to implement the good
governance and efficiency-enhancing practices prescribed by section 195 of the
Constitution.
[48]
The foundational values of our constitutional democracy like openness,
responsiveness, accountability and the realisation of the constitutional vision of
building a united nation and improving the quality of life of all, could thus be at the
mercy of unknown and even unscrupulous funders. For, there is indeed no free lunch.
This is not to say that all funders are, without more, intent on furthering selfish or
sectional interests at the expense of national interests.
But some big political
campaign funders even in old democracies have been exposed as being inclined37 “to
use money for improper purposes”.38 They reportedly tend to determine or influence
in a meaningful way, the policy-direction to be pursued by those in whose political
life or fortunes they “invested” their resources.39 And when elected public officebearers are illegitimately dictated to, that is likely to poison the broader political
landscape and governance, thus weakening or throttling our shared values and
constitutional vision. Lack of transparency on private funding provides fertile and
well-watered ground for corruption or the deception of voters.
[49]
Unsurprisingly, the United Nations Convention Against Corruption, which our
Parliament has duly ratified, enjoins State Parties to:
37
See Wilcox “Transparency and Disclosure in Political Finance: Lessons from the United States” (conference
paper presented at the Democracy Forum for East Asia Conference on Political Finance, Sejong Institute, Seoul,
2001). See also Benton “Rethinking Political Party Contribution Limits: A Roadmap to Reform” (2017) 63
Loyola Law Review 257.
38
Buckley above n 4 at para 67.
39
Id. See also Falguera (ed) et al Funding of Political Parties and Election Campaigns: A Handbook on
Political Finance (International Institute for Democracy and Electoral Assistance, 2014), available at
https://www.idea.int/publications/catalogue/funding-political-parties-and-election-campaigns-handbookpolitical-finance?lang=en.
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