The Western Cape High Court on Monday had sharp words for Parliament and the Presidency over their role in the fudging of political funding transparency, but stopped short of an immediate declaratory order reinstating the R15m annual limit and R100,000 declaration threshold for political donations.

The Western Cape High Court on Monday agreed with My Vote Counts that there was a gap in the law concerning political funding declarations. If no one objects by 12 August, then political funding limits of R15-million a year and the R100,000 declaration threshold are deemed to have continued throughout this saga, according to Western Cape High Court Judge Daniel Thulare.

It was a partial legal victory for My Vote Counts, the civil society organisation advocating for transparency about money in politics, and also a crucial step in reinstating clarity and transparency in South Africa's political donation regimen.

Effectively, a political funding free-for-all has been possible since 8 May following Parliament and the Presidency's missteps in implementing the Electoral Matters Amendment Act, provisions of which make the President, despite his position as head of a political party, central to determining party political funding limits and declaration thresholds.

'Somewhat problematic'

The Act was meant to effect various consequential amendments needed to bring independent candidates into the fold, but in addition to the political funding disclosure changes also altered the funding formula for political parties represented in legislatures.

While it's not for the courts to make laws, the courts must...