MOGOENG CJ
And it flows from, among other things, the definition of a juristic person or
public body7 and a private body8 as well as the onerous requirements for access to
information, in general and in particular on private funding which include the payment
of a fee.9
[8]
To buttress the need for access to information on private funding,
My Vote Counts also relies on both sections 7(2) and 19 of the Constitution.10 In this
regard, it broadly contends that the State is under an obligation to respect, protect,
fulfil and promote the right to vote by ensuring that it is exercised meaningfully or
with understanding. And when it is known who is funded by whom, the likelihood or
reality of political players being inappropriately influenced by those who fund them,
at times to the detriment of the nation, could be detected, exposed, minimised or
prevented.
[9]
The High Court concluded that PAIA neither applies to political parties nor to
independent candidates nor to all records on private funding.11 It in effect held that
PAIA’s failure to provide for access to information on private funding is a deficiency
that renders PAIA inconsistent with the provisions of sections 32, 7(2) and 19 of the
7
Section 1 of PAIA.
8
Id.
9
Section 54 of PAIA.
10
Section 7(2) of Constitution states: “The state must respect, protect, promote and fulfil the rights in the Bill of
Rights”.
Section 19 of the Constitution states:
“(1)
11
Every citizen is free to make political choices, which includes the right—
(a)
to form a political party;
(b)
to participate in the activities of, or recruit members for, a political party; and
(c)
to campaign for a political party or cause.
(2)
Every citizen has the right to free, fair and regular elections for any legislative body
established in terms of the Constitution.
(3)
Every adult citizen has the right—
(a)
to vote in elections for any legislative body established in terms of the Constitution,
and to do so in secret; and
(b)
to stand for public office and, if elected, to hold office.”
High Court judgment above n 5 at paras 52-9.
5