My Vote Counts v Minister of Justice and Correctional Services

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.

My Vote Counts argued, and the High Court agreed, that PAIA was inconsistent with the Constitution insofar as it failed to fulfil the imperative of promoting access to information on the private funding of political parties and independent candidates.

The application was opposed by the Minister of Justice and Correctional Services, who contended that PAIA made adequate provision for the disclosure of information about the private funding of political parties and independent candidates.

Parliament was ordered to amend PAIA, and to "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 18 months.

[4][5] In June 2020, President Cyril Ramaphosa signed into law the Promotion of Access to Information Amendment Act, 2019, which gives effect to the decision.