My Vote Counts headed to ConCourt to challenge political party funding declaration threshold

CAPE TOWN - Political funding watchdog, My Vote Counts, is headed to the Constitutional Court to challenge the R200,000 threshold proclaimed by the president in August for political parties to declare their donations.

The organisation will also be applying for leave to appeal a ruling of the Western Cape High Court that dismissed its case on the constitutionality of the new powers accorded to the president to also set the annual limit for donations.

My Vote Counts says that despite refinements to the Political Funding Act since it was introduced in 2021, there are still loopholes that prevent full transparency of who is funding political parties.

ALSO READ: Raising annual donation limit for political parties a setback for transparency & democracy - My Vote Counts

In August, the high court dismissed My Vote Counts’ arguments that delegating powers to the president to make decisions on political funding is unconstitutional and a conflict of interest.

The court made the ruling just three days after the president, on the recommendation of Parliament, doubled the annual limit for private donations to parties to R30 million.

My Vote Count’s Joel Bregman said his party would once again litigate on the matter.

"We are also going to be writing to the president to ask him to provide reasons for his decision to double the limits, which might lead to a judicial review of that decision."

Besides a high court appeal, My Vote Counts will also approach the country’s highest court for direct access.

"This is something we don’t take lightly. We go to court because we feel the other avenues through which we try to ensure transparency and openness in this space have been exhausted. It’s always a last resort."

My Vote Counts argues there’s been no logic to Parliament’s decision to double the limit and threshold for receiving and declaring donations.