MVC Challenges President’s Decision on Donation Thresholds
CAPE TOWN – South African democracy watchdog My Vote Counts (MVC) has applied for leave to appeal the Western Cape High Court’s decision to dismiss its challenge against the Political Funding Act (PFA). The organisation continues to push for greater transparency and accountability in political party funding.
MVC Takes the Fight to Higher Courts
In 2023, MVC launched legal proceedings questioning the constitutionality of the Political Funding Act, arguing that certain provisions undermine transparency in political donations. The case was heard by a full bench of the Western Cape High Court in February 2025, with judgment delivered in August — dismissing MVC’s application in its entirety.
On 11 September 2025, MVC filed two new applications for leave to appeal:
- A direct appeal to the Constitutional Court (CC application), and
- A conditional appeal to the Supreme Court of Appeal through the High Court (HC application).
The HC application is conditional — it will only proceed if the Constitutional Court refuses to grant direct leave to appeal. If the Constitutional Court agrees to hear the matter, the HC application will automatically fall away.
According to MVC, this dual approach ensures that “the case for political transparency continues at the highest possible level of judicial oversight.”
MVC Challenges President’s Decision to Raise Disclosure Limits
In a related move, MVC has written to President Cyril Ramaphosa, requesting full written reasons and documentation that informed his decision to double the political donation disclosure threshold and the annual donation limit under the PFA.
The new limits, which took effect on 18 August 2025, raise the disclosure threshold from R100,000 to R200,000 and the annual cap from R15 million to R30 million.
MVC argues that the decision could weaken transparency and accountability in political funding by allowing larger undisclosed donations.
The organisation’s letter to the President demands:
“Any and all documents that informed the President’s Proclamation, including briefing notes, memoranda, correspondence, stakeholder submissions, and legal opinions.”
MVC has also filed a Promotion of Access to Information Act (PAIA) request to legally obtain these records. The organisation expects a response by 20 October 2025.
Advocating for Democratic Accountability
My Vote Counts says its continued legal actions are aimed at strengthening South Africa’s democracy by ensuring citizens know who funds political parties and campaigns.
“We believe transparency in political donations is crucial for preventing corruption and maintaining public trust in our democratic institutions,” MVC stated.
As the appeals process unfolds, MVC has promised to keep the public informed of developments in both the Constitutional Court and High Court proceedings.
