MOGOENG CJ [73] More importantly, it remains the primary duty of the State55 to ensure that it facilitates access to information that would enhance the enjoyment of fundamental rights. For this reason, the nature of the information on private funding is such that Parliament might, if so advised, impose on the State or any of its organs the duty to hold, preserve and disclose that information, so that voters may have ready or reasonable access, as envisaged by section 32(1)(a) of the Constitution. Be that as it may, whatever Parliament might decide to do, the State is obligated by a proper reading of section 32 with sections 19 and 7(2) to make this information reasonably accessible to the public. [74] The consequence of all this is that political parties and independent candidates are constitutionally obliged to record, preserve and disclose information on private funding. But, because section 7(2) imposes the obligation on the State to facilitate the enjoyment of rights in the Bill of Rights, and section 32(2) requires the enactment of national legislation to essentially provide for the recordal or “holding” and disclosure of required or needed information, it thus falls on the shoulders of the State to honour its section 7(2) obligations. [75] How best to fulfil that obligation should be left to Parliament which bears the legislative authority of the Republic. No information on the private funding of political parties or independent candidates may be “unheld” or “unrecorded” or destroyed at the discretion of the holder and therefore undisclosable. This must however not be understood to be a definitive pronouncement on whether it would be justifiable for Parliament to include or exclude the recordal and disclosure of some information on say R10 contributions or the cleaning of offices or premises for free by one or more people. It is arguably an incredibly tedious exercise to have to record and disclose every quantifiable assistance or support given to a political party or independent candidate, however negligible. Jurisprudence in one of the older democracies singles out for special attention “large contributions and expenditures” 55 See section 7(2) of the Constitution above n 10. 29

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