MOGOENG CJ
“enacted to give effect to this right”.18 It was for that reason, that this Court held that
PAIA’s constitutional validity had to be attacked frontally.19 And this is what
My Vote Counts did successfully in the High Court. The case was about the need to
regulate the recordal and disclosure of information on the private funding of political
parties and independent candidates and was specifically grounded on section 32 read
with sections 7(2) and 19 of the Constitution as well as PAIA.
[16]
The ongoing law-making process may comfortably run parallel to this
judgment without the one being undermined by the other in any way. This is so
because the Bill is intended to provide exclusively and uniquely for the recordal and
disclosure of information on the private funding of political parties – not to give effect
to the High Court order sought to be confirmed here.
[17]
Parliament enjoys functional independence in the discharge of its law-making
obligations even in relation to the regulation of private funding. Whether it does so
through one, two or more pieces of legislation falls squarely within its discretionary
powers. It may for example meet that obligation through an appropriately recalibrated
PAIA alone, PAIA and another legislation or a different mechanism altogether.
The right of access to information
[18]
My Vote Counts sought information relating to private funding from some
political parties. It did so in terms of section 32 of the Constitution read with the
relevant provisions of PAIA.20 Some of them successfully took cover under the
provisions of PAIA21 to avoid disclosing that information. This then triggered the
18
The long title of PAIA reads as follows:
“To give effect to the constitutional right of access to any information held by the State and
any information that is held by another person and that is required for the exercise or
protection of any rights; and to provide for matters connected therewith.”
19
My Vote Counts judgment above n 4 at paras 122 and 155.
20
See section 53(1) of PAIA. See also High Court judgment above n 5 at para 63.
21
Sections 50(1) and 63-5 of PAIA.
8