ANC fights to keep funders secret

The ANC and Justice and Correctional Services Minister Michael Masutha will fight a Cape Town-based lobby group's Constitutional Court bid to force all political parties represented in parliament to reveal their private funders.

The My Vote Counts campaign, represented by top law firm Webber Wentzel, wants the highest court to declare that parliament has failed to pass a law forcing political parties to reveal their private funders and direct it to do so.

"The only other parties who noted their intention to oppose it, Masutha and the ANC, have not yet filed affidavits doing so," reads My Vote Counts' written arguments file at the court.


The respondents opposing My Vote Counts' application have until January 13 to file their written arguments.

National Assembly speaker Baleka Mbete and National Council of Provinces chairwoman Thandi Modise say My Vote Counts' claim is ambiguous and only based on an allegation that parliament has failed to fulfil its constitutional obligation.

Mbete and Modise have already filed an affidavit opposing the application, which will be heard in February.

The ruling party's chairwoman and Modise, its former deputy secretary-general, have both been cited as respondents in their capacities as the presiding officers of parliament's two houses.

In Mbete's affidavit, she claims there is "no warrant for supposing that political parties owe a constitutional duty to the voting public in general".

"Whatever duties that a political party may owe, it owes it to its members, not outsiders, even if such outsiders vote for that political party," Mbete says in court papers.

President Jacob Zuma, his deputy, Cyril Ramaphosa, and Home Affairs Minister Malusi Gigaba are also cited as respondents in the matter.

According to My Vote Counts, the other 12 parties represented in parliament are not opposing its application.

Among My Vote Counts' reasons for going to court is that "there is no legislation requiring disclosure of the sources and sums of money donated privately to political parties, whether before, during or after any election".

The non-profit entity says in terms of the access to information clause in the constitution, a law must be passed to give effect to the right to gain access to information.

My Vote Counts' Nontsikelelo Baqwa did not respond to requests for comment yesterday.