Parliament statement on Constitutional Court ruling on Promotion of Access to Information Act

21 June 2018

This morning the Constitutional Court delivered a judgment that, inter alia, directs Parliament to amend the Promotion of Access to Information Act (PAIA) to bring it in line with the Constitution and to take any other measures it deems appropriate.

The Constitutional Court judgment confirms a ruling from the Western Cape High Court that PAIA was invalid and unconstitutional because it did not provide for disclosure of information about the private funding of political parties and independent candidates.

It is noteworthy that Parliament did not participate in this litigation. However, Parliament welcomes this judgment and notes that it, in many respects, accords with the initiative it had already taken in drafting a Political Party Funding Bill which is currently being considered by its Ad Hoc Committee on Political Funding.

To give effect to this judgment, Parliament will liaise with the Minister of Justice and Correctional Services with the view to facilitate a speedy implementation of the terms of this judgment.

Issued by Moloto Mothapo on behalf of Parliament of South Africa, 21 June 2018