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My Vote Counts Takes Political Funding Act Challenge to Constitutional Court
Challenging the High Court Decision
After a setback in the Western Cape High Court, election watchdog My Vote Counts (MVC) is appealing to the Constitutional Court (ConCourt) to challenge South Africa’s Political Funding Act (PFA). MVC argues that the law, as it stands, undermines transparency and accountability in political donations.
The high court dismissed MVC’s May 2023 application in full on 21 August, ruling that Parliament’s delegation of authority to the president to determine donation disclosure thresholds and upper limit caps was lawful. The court noted that the president’s decisions could still be reviewed if exercised improperly, but MVC failed to show concrete evidence of constitutional violations.
Presidential Discretion Under Fire
MVC’s challenge comes amid controversy over President Cyril Ramaphosa’s decision to double the disclosure threshold from R100,000 to R200,000, and raise the upper donation limit from R15 million to R30 million.
For MVC, the timing was striking. “This ruling came just three days after the president increased the limits, raising serious concerns about transparency in political funding,” a spokesperson said.
Most political parties in Parliament supported the increase, with only a handful, uMkhonto weSizwe, African Transformation Movement, Al Jamah-ah, and Build One SA opposing it.
Concerns About Transparency
MVC argues that the current law is constitutionally flawed:
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Donations below R200,000 can go undisclosed.
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Natural persons are exempt from disclosure requirements.
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The law allows cumulative donations from related entities to bypass limits.
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Individual donations of up to R30 million per year are permitted.
The watchdog insists that granting the president such broad discretion undermines constitutional principles of openness, transparency, and accountability.
“The public has a right to know who funds political parties, and unfettered presidential discretion weakens that right,” MVC said in a statement.
What MVC Wants From the ConCourt
In its appeal, MVC is seeking a ruling that:
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Declares the PFA unconstitutional in its current form.
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Compels the president to explain the reasoning behind any increases to disclosure thresholds and donation caps.
The organisation hopes that a ConCourt ruling will enforce stricter limits, ensuring political parties cannot receive undisclosed or excessive donations, and that citizens can hold elected officials accountable.
Public Reaction
The ruling and subsequent appeal have sparked discussion on social media, with many citizens expressing frustration over perceived loopholes that favour wealthy donors.
“If only the moneyed elite can fund campaigns without oversight, ordinary South Africans lose their voice,” tweeted one political commentator.
Civil society organisations have also called for more robust political finance reforms, arguing that democratic integrity depends on transparency in election funding.
The case is expected to be closely watched, as it could reshape how political donations are regulated in South Africa, impacting parties across the spectrum and how voters perceive electoral fairness.
MVC’s move signals an ongoing fight to strengthen accountability in politicsand highlights that the debate over money in elections is far from over.
{Source: The Citizen}
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