IEC says it may not be properly prepared for 2024 elections if court challenges drag on

The Electoral Commission of South Africa (IEC) has expressed concern about its readiness for the 2024 elections if court challenges on the Political Party Funding Act (PPFA) drag on.

This week, NPO My Vote Counts filed court papers in the Western Cape High Court demanding the IEC amend the PPFA.

The legislation was enacted in April 2021 and is aimed at providing transparency about funds received by political parties.

The organisation wants the disclosure of private donations, not only those above R100,000; reduction of the upper annual limit of R15m per donor; disclosure of financial information related to expenditure of private donations; and limitations on donations from people or entities related to donors to prevent circumvention of the upper limit.

It said there was no evidence suggesting the R100,000 threshold disclosure and the annual limit of R15m were determined using data or analysis. 

“The threshold on R100,000 disclosure and the annual limit of R15m limits the PPFA’s ability to achieve its constitutional aims of meaningfully strengthening democracy and giving effect to the constitutional imperatives of transparency, openness and accountability. 

“Without full transparency and full disclosure of private donations to political parties voters are unable to properly assess the influence exerted by private interests over political parties and cast an informed vote,” it said. 

The R15m “leaves the door open to political parties being bandaged to the dictates of private interests”.

Speaking on eNCA, IEC party funding CEO George Mahlangu said electoral preparations will be affected if the case drags on.

“This is not going to be a walk in the park. Political parties are going to try to defend this, if not try to increase the R100,000 threshold.

“If the core challenge is going to go deep into late 2023, of course it is going to affect [how we] prepare for the elections. We wish those who are not happy about this legislation would [voice their opinions] and do so soon so we can know how much time we have to prepare for these elections,” he said. 

“If the Electoral Amendment Act is not finalised, it's going to affect political party funding. This Act funds political parties represented at national and provincial legislatures. We need to go into the 2024 elections with an intact Electoral Amendment Act and an intact political party funding Act.”

The ANC was among political parties that received a disclaimer this week after failing to meet a September 30 2022 deadline to submit financial statements relating to direct funding to the IEC.

Political parties must submit audited financial statements by September 30 every year. Two sets of statements are needed: one for funds and one for direct funding sources such as donations, membership fees, levies and other income.

“Out of 41 parties, 24 submitted financial statements by the September 30 2022 deadline, while 17 submitted later. Among represented parties, 11 out of 15 met the Act's requirements by submitting audited financial statements, resulting in a commendable 73% compliance rate,” said the IEC.

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