My Vote Counts back in court in bid to have Political Funding Act declared unconstitutional

CAPE TOWN - Lobby group My Vote Counts will return to the Western Cape High Court on Monday, this time to have the Political Funding Act declared unconstitutional.

The organisation wants political parties and independents to be forced to disclose all private donations, regardless of the amount.

It's expected to argue on Monday, that in the almost four years since it was enacted, the act doesn't meet its constitutional aims of transparency, openness and accountability and must be strengthened.

Political parties like the Democratic Alliance (DA) and ActionSA are opposing the application.

Last year, My Vote Counts took Parliament to court for removing the R15 million annual donation limit and the declaration threshold of R100 000 just before the elections, pending a resolution from the president.

The court then reinstated those, while Parliament continues to grapple with what would be more suitable amounts.

My Vote Counts says donors should also be obliged to disclose donations above the annual threshold and that the R15 million annual donation limit should be significantly lowered.

It also wants the powers of the president to determine these limits to be curtailed.

Speaking on the sidelines of an African National Congress (ANC) parliamentary lekgotla on Sunday, ANC chief whip, Mdumiseni Ntuli, said that political parties needed more money to function properly.

"Democracy itself is a very expensive enterprise and the funding that comes from the government through the Independent Electoral Commission is by no way close to what is sufficient."

This week's court challenge is set down for three days, with the home affairs and justice ministers, Parliament, the Presidency and political parties all having filed responses in the matter.