Litigation

Since 2012, My Vote Counts (MVC) has consistently advocated to address the lack of transparency and secrecy surrounding private party funding.

There is no legislation that compels political parties to publicly disclose private donations or that regulates their private funding.  In August 2017, MVC argued before the Western Cape High Court that the legislation dealing with access to information, the Promotion of Access to Information Act, 2000 (PAIA), is unconstitutional, because it does not compel political parties to provide information on their private donations.

On 27 September 2017, the Western Cape High Court ruled in favour of MVC by ordering that PAIA is inconsistent with the Constitution because it does not fulfil this constitutional obligation.  On 13 March 2018, MVC, along with the Minister of Justice and Correctional Services, appeared before the Constitutional Court for a confirmation hearing of the Cape High Court Judgement. 

On 21 June 2018, the Constitutional Court ruled in MVC’s favour confirming that the PAIA is inconsistent with the Constitution relating to the access of privarte funding information of political parties.  

Written Submissions on the Draft Bill (click on logo to view submission)