Political Party Funding – A Comparative Perspective
6 September 2017
Debate over South African political financing has, over the years, occupied the public discourse. The 2005 IDASA v ANC High Court ruling, that the Promotion of Access to Information Act (PAIA) did not necessarily require political parties to disclose funding sources, began the debate, and the so-called “Gupta Leaks” have given it a new sense of urgency. Recent concerns over state capture allegations and a national election looming has seen political party funding feature prominently in both political and civil society discourse.
The debate has forced legislators to reconcile the apparent clash between the section 14 and 18 constitutional rights to privacy and freedom of association, with the section 32 right to access to information and the section 1(d) right to an accountable, responsive, and open democratic system. Proponents of transparency cite the dangers of influence peddling, while opponents worry about economic bullying of political dissidents.
Prior to 1997, no legal regulatory framework for political party funding existed. Bodies including non-profit Open Secrets and the Truth and Reconciliation Commission (TRC) have claimed that there is a strong historical precedent of large political donations by big business. The Gupta Leaks indicate that the practice is ongoing.
The Public Funding of Represented Political Parties Act (PFRPPA) of 1997 legislated public political financing and set up the Represented Political Parties’ Fund, administered by the Independent Electoral Commission (IEC) of South Africa. The PFRPPA holds each party receiving an allocation from the Fund responsible for keeping a separate bank account located within the Republic for Fund monies, appointing a party official to act as an accounting officer and ensure compliance with the Act, and supplying an income and expenditure statement to be audited annually and sent to the IEC.