Neelam Rahim | neelam@radioislam.co.za
3-minute read
17 February 2025 | 18:15 CAT

On Monday, 17 February 2025, My Vote Counts argued in the Western Cape Division of the High Court for an overhaul of how parties disclose donations and funding. (Illustration: Lisa Nelson)

A legal challenge against the Political Party Funding Act is underway at the Western Cape High Court, as advocacy group My Vote Counts seeks greater transparency in private political donations. The case, which has drawn opposition from key political players, could have significant implications for South Africa’s democratic integrity.

The challenge, led by My Vote Counts, argues that the Act fails to meet constitutional transparency standards, thereby undermining democracy. “The Act has certainly improved transparency in our political system,” says Joel Bregman, representing My Vote Counts. “However, it does not go far enough to protect voters’ rights to make informed decisions and to ensure that private interests do not exert undue influence on political parties,” Bregman told Radio Islam International.

Currently, the law requires disclosure of donations exceeding R100,000 while capping annual private contributions at R15 million per party. However, Bregman contends that all private donations, regardless of size, should be disclosed. “In the South African context, R100,000 is a substantial amount,” he notes. “Voters deserve to know who is funding political parties, even at lower thresholds.”

The organization is also challenging the R15 million cap, citing a 2024 report from the Parliamentary Budget Office, which found that the limit was implemented without sufficient research. “This needs to go back to Parliament to be reviewed in line with South Africa’s unique political and economic conditions,” Bregman insists.

A key concern raised by My Vote Counts is the potential loophole that allows donors to circumvent limits by donating through multiple entities. “A wealthy individual could legally set up multiple companies and contribute R15 million from each, which would be within the law but against the spirit of the Act,” Bregman warns.

The case has met resistance from the DA, ActionSA, and the Ministers of Home Affairs and Justice and Constitutional Development, who argue that stricter regulations could stifle political participation. Many parties have advocated for raising the donation limits instead, with the ANC recently suggesting an increase to R30 million.

Bregman anticipates a lengthy legal process. “When we previously challenged PAIA in 2017, it took nearly nine months for a Constitutional Court confirmation. This case could follow a similar trajectory.”

The outcome of this challenge could reshape political funding regulations in South Africa, determining how much transparency voters can expect in future elections.

Listen to the full interview on The Daily-Round Up with Moulana Junaid Kharsany and Joel Bregman, representing My Vote Counts, here.