MOGOENG CJ
“consider taking appropriate legislative and administrative measures consistent with
the objectives of this Convention and in accordance with the fundamental principles
of its domestic law, to enhance transparency in the funding of candidatures for
elected public office and, where applicable, the funding of political parties.”40
[50]
In the same vein, the African Union Convention on Preventing and Combating
Corruption, which we have also ratified, says:
“Each State Party shall adopt legislative and other measures to:
(a)
Proscribe the use of funds acquired through illegal and corrupt
practices to finance political parties; and
(b)
Incorporate the principle of transparency into funding of political
parties.”41
[51]
Transparency in the area of the private funding of political parties and
independent candidates helps in the detection or discouragement of improper
influence and the fight against corruption.42 Both the African Union and the United
Nations have come to this realisation and have taken appropriate steps to help inject
transparency and root out corruption in relation to private funding. Politicians who
use public office in the furtherance of the agendas of benefactors, at the expense of the
best interests of all, are very likely to be found out where there is transparency. The
recordal, preservation and disclosure of information on the private funding of political
players will thus keep voters better-equipped to make out the real interests these
politicians are likely to serve.
[52]
Access to this information helps voters and contestants to speak against and
expose the corrupt “pay-back-time” political practices. The known possibility of
voters and political rivals being able to make the necessary connection between
40
Article 7(3) of the United Nations Convention against Corruption, 11 October 2004.
41
Article 10 of the African Union Convention on Preventing and Combating Corruption, 11 July 2003.
42
OECD Financing Democracy: Funding of Political Parties and Election Campaigns and the Risk of Policy
Capture
(OECD
Publishing,
Paris
2016),
available
at
http://transparenz-ja.ch/wpcontent/uploads/sites/65/2016/04/Financing-Democracy-OECD.pdf.
20