Civil society organisation My Vote Counts (MVC) is demanding that President Cyril Ramaphosa explain his decision to raise the private political party funding disclosure threshold, calling into question the motives behind the move and warning of its implications for transparency in South Africa’s democracy.
Without disclosure
On 18 August, Cyril Ramaphosa signed a proclamation doubling the thresholds in the Political Party Funding Act (PFA) – lifting the amount parties can receive without disclosure from R100 000 to R200 000, and the annual donation cap from R15 million to R30 million per donor.
The changes were gazetted and immediately came into effect.
Now, My Vote Counts has written to the president requesting written reasons and the full record of information that led to the decision, giving him until 20 October to respond.
“We want to know the basis of this decision. Raising the thresholds undermines the very principles of transparency and accountability the Act was meant to uphold,” said Joel Bregman, project lead at MVC.
Legal action escalates to Constitutional Court
This latest request forms part of a broader legal challenge by the organisation, which has already approached the Constitutional Court after its application to have the Act declared unconstitutional was dismissed by the Western Cape High Court in August.
MVC has also approached the Supreme Court of Appeal, but its preference is for the Constitutional Court to hear the matter directly.
If the Constitutional Court accepts the case, the SCA appeal will fall away.
Key concerns
In its initial legal challenge, MVC argued the PFA:
- Allows undisclosed cumulative donations from related individuals or entities
- Permits excessive private funding of up to R15 million per donor per year, now raised to R30 million
- Does not compel natural persons (individuals) to disclose donations
- Undermines the constitutional principles of openness, transparency, and accountability
The organisation believes these flaws open the door to potential corruption and undue influence, especially in the lead-up to the 2026 national and provincial elections.
“We are particularly concerned that the law still allows donations to be hidden if they are split below the threshold, and that donors can use proxies or related entities to give far more than the public ever sees,” Bregman added.
Mixed political support
While the changes were passed with the support of most political parties in Parliament, a few – including the uMkhonto weSizwe (MK) Party, Al Jama-ah, African Transformation Movement, and Build One South Africa – opposed the amendments.
These parties have raised similar concerns about accountability loopholes and the influence of big money in South African politics.
A test of transparency
My Vote Counts has also filed a formal Promotion of Access to Information Act (PAIA) request, demanding access to all documents and motivations that informed the president’s proclamation.
The outcome of this request and the pending constitutional challenge could set a significant precedent for how South Africa balances the need for party funding with the public’s right to know who finances its leaders.
