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My Vote Counts NPC v Minister of Justice and Correctional Services and Another (CCT249/17) [2018] ZACC 17

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My Vote Counts NPC v Minister of Justice and Correctional Services and Another (CCT249/17) [2018] ZACC 17

22nd June 2018

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Click here to read the full judgment on Saflii.

On an application for confirmation of the order of the High Court of South Africa, Western Cape Division, Cape Town (Meer J):

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1.  The order of constitutional invalidity made by the Western Cape Division of the High Court, Cape Town is confirmed, in these terms:

1.1 It is declared that information on the private funding of political parties and independent candidates is essential for the effective exercise of the right to make political choices and to participate in the elections.

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1.2 It is declared that information on private funding of political parties and independent candidates must be recorded, preserved and made reasonably accessible.

1.3 It is also declared that the Promotion of Access to Information Act 2 of 2000 (PAIA) is invalid to the extent of its inconsistency with the Constitution by failing to provide for the recordal, preservation and reasonable disclosure of information on the private funding of political parties and independent candidates.

1.4 Parliament must amend PAIA and take any other measure it deems appropriate to provide for the recordal, preservation and facilitation of reasonable access to information on the private funding of political parties and independent candidates within a period of 18 months.

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