My Vote Counts NPC v Speaker of the National Assembly (CCT121/14) [2015] ZACC 31 (30 September 2015)
The minority judgment, written by Cameron J (with Moseneke DCJ, Froneman J and Jappie AJ concurring) held that the constitutional right to vote and the right of access to information requires regular compulsory disclosure of the sources of the private funding of political parties. The minority judgment further found that political parties occupy a unique place in our multi-party democracy and that the information was essential for the exercise and protection of the right to vote. Therefore, Parliament has failed to fulfil a constitutional obligation. Only the Constitutional Court is competent under its exclusive jurisdiction to make that finding. The minority judgment disagreed with the majority judgment’s finding that the applicant was obliged to challenge PAIA. This is because PAIA is not the only legislation envisaged by the Constitution that must give effect to the right of access to information. It partially fulfils the right, but does not purport to fulfil it completely. Hence the applicant’s approach to the Constitutional Court was competent.
CC Summary:
#1Section 167(4)(e) of the Constitution — exclusive jurisdiction
#2Section 32(2) of the Constitution — Parliament required to enact national legislation — Parliament has enacted legislation — Promotion of Access to Information Act 2 of 2000 — principle of constitutional subsidiarity applied
#3Section 32 of the Constitution — right of access to information — private funding of political parties — information required for the exercise or the protection of any right — section 19(3) of the Constitution — right to vote