The Constitutional Court has confirmed the High Court in Pretoria’s ruling which declared that the Executive Ethics Code is inconsistent with the Constitution.
The court also found that the code was invalid to the extent that it does not require the disclosure of donations made to internal Political Party positions. It said it is unconstitutional, unlawful and invalid.
This application was brought to the Constitutional Court by AmaBhungane, who sought to have political party contestants declare who is behind their campaigns, in terms of donations.
The application came on the back foot of a law passed by Parliament, mandating all political parties to declare who their funders were.
Justice Steven Majiedt delivered the judgment on the matter on Tuesday.
He said: “In the resolve, the following order is made – one, the order of the High Court of South Africa, Gauteng declaring the ethics code published on the proclamation on Act 41 of 2000 to be inconsistent with the Constitution and invalid to the extent that it does not require the disclosure of donations for positions in political parties is confirmed.”
In the video below SABC News reporter Canny Maphanga gives an update ahead of the judgment:
(1/2) Judgment on Tuesday, 20 September 2022, at 10h00: Is the Executive Ethics Code constitutionally compliant in the manner in which it deals with the disclosure of donations to campaigns for positions within political parties?
— Constitutional Court (@ConCourtSA) September 16, 2022
The case was brought by amaBhungane and came about from litigation concerning suspended Public Protector Busisiwe Mkhwebane’s report on donations made to Ramaphosa’s CR17 presidential campaign in 2017.
Mkhwebane investigated allegations that Ramaphosa received donations for his campaign from the likes of the embattled BOSASA.
Ramaphosa assured Parliament that he never received such a donation, South Africa still does not know who pumped funds for the CR17 campaign which saw Ramaphosa become ANC President in 2017.
The Constitutional Court ruling will chart a new path for politicians who intend to compete for internal party leadership positions, as the ANC prepares for its elective conference in December, with party president, Ramaphosa, set to contest for a second term.
Public Protector vs CR17 | Constitutional Court hears application by Mkhwebane against Ramaphosa