Executive, politicians must disclose party donations - ConCourt

The unanimous decision upholds last year's ruling by the High Court in Pretoria which ruled that donations for internal campaigns for positions within political parties must be disclosed.

The application was brought to the apex court by amaBhungane Centre for Investigative Journalism and President Cyril Ramaphosa as the respondent.

This relates to the case of President Cyril Ramaphosa versus Public Protector Adv. Busisiwe Mkhwebane in the so-called CR17 report.

Mkhwebane had found that Ramphosa breached the code by not disclosing a half-a-million rand donation from the late former Bosasa CEO Gavin Watson.

However, the ruling will only come into effect after 12 months of the order.

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This means CR17 bank statements will not be unsealed and donations made for the upcoming ANC presidential contestation will also be kept secret.

The ruling, delivered by Justice Steven Majiedt, said the purpose of the code is to ensure that ministers don’t place themselves in compromising positions - including through private donations.

The apex court said the code falls short of the standards of transparency and openness and undermines the Ethics Act, and is therefore unconstitutional.

"The order of the High Court of South Africa, Gauteng Division, Pretoria, declaring the Executive Ethics Code published under Proclamation No. R41 of 2000, to be inconsistent with the Constitution and invalid to the extent that it does not require the disclosure of donations made to campaigns for positions within political parties, is confirmed. 

"The operation of the order is suspended for a period of 12 months to enable the respondent to remedy the defect. The respondent must pay the applicant’s costs, including the costs of two counsel, in this court," said Majiedt.