My Vote Counts v Speaker of the National Assembly

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.

My Vote Counts contended that PAIA was not sufficient to fulfil Parliament's constitutional obligation, because it did not require proactive and regular disclosure of the relevant information.

Handing down judgment on 30 September 2015,[2] a majority of the Constitutional Court dismissed the application on the technical grounds of the principle of subsidiarity as affirmed in SANDU v Minister of Defence[3] and elsewhere.

Cameron argued that Parliament's technical defence – resting on the principle of subsidiary – should not be allowed to trump the substance of My Vote Counts's complaint, writing that, "to shut down the route the applicant has chosen to enforce its right to information risks impoverishing the Constitution and this Court’s jurisdiction to interpret it".

Some commentators viewed the court's decision as an evasion of the substance of the application[4] or as a "lost opportunity to begin a respectful dialogue between the judiciary and the legislature about the shape and content of information security and disclosure laws".