Political parties in a constitutional democracy receiving public funding after being elected to office at national, provincial and municipal levels must be deemed “public” institutions, which must follow the rules of the constitution, run their internal organisations according to democratic principles and manage their publicly-given finances prudently, according to public finance laws.
Governing parties are “public institutions”, as they receive taxpayers' money, make laws, implement policies and determine budget allocations. As organisations that operate along the prescripts of the constitution, they must manage their organisational operations along democratic lines, and they must manage their publicly-awarded funding responsibly.
Opposition parties elected to public office receiving public funding from taxpayers to hold governing parties accountable, must similarly operate along the prescripts of the constitution, must manage their internal organisational operations along democratic lines, and manage their publicly-awarded funding responsibly. Public-funded parties must conduct their internal elections democratically, ensure gender equality and refrain from violence and racial incitement.
This means that parties such as MK party and the EFF, that receive funding from taxpayers to pay for their party work, must follow the constitution, conduct their internal operations along democratic lines and manage the public funds they receive transparently, responsibly and accountably.
Parties that are publicly funded that do not adhere to the constitution, do not conduct their internal operations democratically — including the election of their leaders — and do not elect women into leadership positions, incite ethnic divisions and have leaders who behave violently, should have their funding withdrawn either fully or partially.
The constitutions of all parties receiving public funding must be amended to align with South Africa’s national constitution. It must be a strict requirement for new parties when they register to have their constitutions aligned with the national constitution. The MK party only announced its constitution almost a year after it was formed.
Recently, 10 of 18 MK party MPs dismissed from parliament by party leader Jacob Zuma sought redress from the Western Cape High Court. In court papers, they said they were denied membership undemocratically by Zuma, a month after being sworn in as MPs, without any formal MK party leadership or structure meeting or disciplinary hearing.
“The applicants were never informed, whether orally or in writing of [MK’s] intention to terminate their party membership. There were no processes followed in the termination of their membership,” former MK MP Thamsanqa Khuzwayo said in his founding affidavit.
The MPs in the court papers claim that at the time of their dismissal, MK did not have a ratified constitution and had only a draft constitution, which did not set out the proper procedure of disciplinary matters. “We joined the [MK] party, and the National Assembly, after assurances that the party was democratic, and would be governed in a manner consistent with the constitution and the rule of law,” said the MPs in their papers.
MK’s subsequent constitution adopted by the party in October 2024 gave Zuma the sole authority to appoint and fire leaders. The party said it was not planning to hold an elective conference any time soon, with Zuma describing such events as fake.
“The president is responsible for deployment and appointment, restructuring and removal of all national officials, members of the national high command including provincial conveners and co-ordinators,” reads the MK constitution.
MK Party parliamentary leader John Hlophe said MK opposes the constitution and will scrap it if the party comes to power.
MK Party parliamentary leader John Hlophe said MK opposes the constitution and will scrap it if the party comes to power. Hlophe said the “obsession with so-called constitutionalism has alienated the masses from the decision-making processes. MK would return to parliamentary sovereignty, placing power back in the hands of the people's elected representatives”.
MK has rejected the constitution as based on “colonial” Roman-Dutch law, and Zuma has said he believes in “African law”, which he typically did not define, but it's assumed he means customary law. The constitution makes it clear that customary law is subject to the constitution and does not replace it.
When Zuma was ANC president, he told ANC MPs that the ANC’s rules were above the country’s constitution. This is wrong. South African MPs must be more strictly held accountable to the constitution, not to their party constitutions. This is the only way we can inculcate a new democratic political culture in South Africa — if we hold political parties that receive public funding accountable to manage their affairs according to constitutional, democratic and non-violent norms.
EFF president Julius Malema is on trial for allegedly firing a firearm in public. He has in the past threatened violence against women journalists, and the EFF’s former deputy president Floyd Shivambu in public throttled Netwerk24 photographer Adrian de Kock in 2018.
Malema said recently that “colonialism is institutional and structural violence, and reversing it requires violence”, claiming the “majority of black South Africans have been coerced into believing that their dignity can be restored without violence”.
Malema in the past attacked “Indian” South Africans. In 2018 an EFF youth rally in Klerksdorp characterised the majority of South Africans of Indian descent as being racist. Party leaders that incite ethnic divisions and behave violently should be removed as MPs and if their parties receive public funding, this must be withdrawn.
Political parties that are elected to government, whether national, provincial or municipal, — and receive public funding — should be required to adopt party constitutions that are in line with the country's constitution, if they do not have constitutions. If they have party constitutions, these must be amended to be in line with the country's constitution.
Parties receiving public funding must show every year how their internal organisational workings, their election of leaders, and their public actions have been democratic and in line with the constitution. They must pass democratic audits, which should be done by external oversight institutions.
Political parties receiving public funding must also be required to show that their public income has been managed according to prudent public finance management rules, transparency and responsibility, not corruptly. Audits must be done by external, independent auditors.
South Africa needs stricter party funding laws to hold parties that get public funding accountable to adhere to the constitution, organise their internal workings along democratic principles, practise clean financial governance, non-violence, gender equality and ethnic inclusivity. If they do not, their funding should be withdrawn and they should be fined. .
William Gumede is an Associate Professor, the School of Governance, at Wits University and author of Restless Nation: Making Sense of Troubled Times (Tafelberg).
For opinion and analysis consideration, email Opinions@timeslive.co.za
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