My Vote Counts v President [2017] ZAWCHC 105; 2018 (2) SACR 644 (WCC) in the High Court of South Africa, Western Cape Division
Court membership
Judges sitting
Mogoeng CJ, Zondo DCJ, Froneman J, Jafta J, Khampepe J, Madlanga J, Theron J, Cachalia AJ, Dlodlo AJ, Goliath AJ and Petse AJ
Case opinions
Access to information on the private funding of political parties is essential for the effective exercise of political rights. The Promotion of Access to Information Act, 2000 is unconstitutional insofar as it fails to provide for such access.
Decision by
Mogoeng CJ (Zondo DCJ, Jafta J, Khampepe J, Madlanga J, Theron J, Dlodlo AJ, Goliath AJ and Petse AJ concurring)
Concurrence
Froneman J (Cachalia AJ concurring)
Keywords
Political party funding
Promotion of Access to Information Act, 2000
right of access to information
right to an informed vote
right to vote
section 7(2) of the Constitution
section 19 of the Constitution
section 32 of the Constitution
transparency, accountability, openness
My Vote Counts NPC v Minister of Justice and Correctional Services and Another is a decision in the Constitutional Court of South Africa which established a constitutional right of access to information about the sources of political party funding. The court held unanimously that the Promotion of Access to Information Act, 2000 was inconsistent with the Constitution insofar as it failed to give effect to that right. The matter was heard on 13 March 2018 and decided on 21 June 2018, with a majority judgment written by Chief Justice Mogoeng Mogoeng.
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