My Vote Counts v Speaker of the National Assembly information
South African legal case
This article is about the decision known as My Vote Counts I. For My Vote Counts II, see My Vote Counts v Minister of Justice and Correctional Services.
My Vote Counts v Speaker of the National Assembly
Court
Constitutional Court of South Africa
Full case name
My Vote Counts NPC v Speaker of the National Assembly and Others
Khampepe J, Madlanga J, Nkabinde J, and Theron AJ (Mogoeng CJ, Molemela AJ and Tshiqi AJ concurring)
Dissent
Cameron J (Moseneke DCJ, Froneman J and Jappie AJ concurring)
Keywords
Exclusive jurisdiction
political party funding
principle of subsidiarity
Promotion of Access to Information Act, 2000
right of access to information
right to vote
section 19(3) of the Constitution
section 32 of the Constitution
section 167(4)(e) of the Constitution
In My Vote Counts NPC v Speaker of the National Assembly and Others, the Constitutional Court of South Africa dismissed an application which sought to compel Parliament to pass legislation mandating the disclosure of political party funding information. Split seven to four, the court held that the application transgressed the principle of subsidiarity and separation of powers.
The matter was heard on 10 February 2015 and decided on 30 September 2015. The application by My Vote Counts, a non-profit organisation, posited an interaction between two constitutional rights – the section 32 right to access to information and the section 19 right to vote – which it argued imposed a constitutional obligation on Parliament to make legislation promoting systematic transparency in party funding. While the minority endorsed this argument, the majority declined to evaluate its merit. According to the majority, the applicant's complaint was justiciable only as a challenge to the constitutionality of the Promotion of Access to Information Act 2 of 2000, which regulated the right of access to information, and any such challenge should be heard by a lower court.
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