Member of the opposition Democratic Alliance James Selfe speaks during a Motion of No Confidence in President Jacob Zuma debate in the parliament in Cape Town, South Africa, 10 November 2016.
Member of the opposition Democratic Alliance James Selfe speaks during a Motion of No Confidence in President Jacob Zuma debate in the parliament in Cape Town, South Africa, 10 November 2016.
For many, a High Court ruling that makes political organisations declare where their money comes from seems like a victory for transparency and accountability. But as James Selfe explains, it’s really not that simple.
The Promotion of Access to Information Act (PAIA) is a legislation that is riddled with inconsistencies, according to Justice Yasmin Meer.
What do the changes mean?
Allegedly, it doesn’t line up with the constitution and it’s in desperate need of a revision. The changes will force political parties into declaring the sources of their private funding.
We spoke to the DA’s Executive Chair, following yesterday’s decision from the Western Cape judiciary. He believes that the action isn’t necessary, given that there is already a draft bill tabled in Parliament to make an amendment to rules regarding transparency.
“We opposed the court action because there needs to a be a right of disclosure for the public, but also a right of privacy for the donors. Their action is superfluous. It isn’t necessary when there’s a draft bill that’s already been put before an ad hoc committee in Parliament.”
A superfluous cycle…
So rather than cheering from the rooftops and claiming this as a victory for the people, the DA are relatively concerned that the court’s decision is not based on balance.
Furthermore, James Selfe explained that the decision has to be reviewed by Constitutional Court. Should they certify the ruling, it goes back to Parliament: Where a draft bill is already awaiting further consultation. It’s a cycle he’s described as ‘superfluous’.
“There’ll be some donors to political causes who, for right or wrong reasons, will think they are being punished by having their names revealed. Therefore, it’s going to be more difficult to raise money. We are fully involved to make sure we get the right balance of privacy and disclosure.”
When will this take effect?
There are caveats to this decision. Should this new legislation be approved by Parliament and ConCourt, it will be embargoed for 18 months. That means the ANC, DA, EFF and whoever else have a year-and-a-half before it comes into play.
That should be just enough time for Jacob Zuma to hot-foot it to Dubai.
