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Judgment No. CCZ 3/18
Constitutional Application No. CCZ 15/18
not before an election. The applicants are interpreting s 67(4) of the Constitution to mean that
the Act of Parliament should make provision for the funding of any entity that has been
registered as a political party without regard to votes received by candidates sponsored by
political parties in a general election. The approach urged upon the Court that funding should
solely depend on the mere existence of a political party without reference to numbers of votes
received by candidates sponsored by the political parties in the most recent general election
ignores the fact that multi-party democracy recognises the voter as the decision-maker.
The Act applies to all the political parties. Contrary to what the applicants allege, the
mechanism adopted by the Legislature ensures that there is a level playing field for all political
parties registered to take part in a general election. Entitlement to receive the money payable
accrues to every political party whose candidates have reached the prescribed threshold of
having received at least five per centum of the total votes cast in the most recent general
election.
The entitlement to funding accrues to as many political parties as have managed out of
their own efforts to reach the minimum threshold. There can be no doubt that the purpose of
the standard prescribed is to ensure funding for the successful political parties consistent with
the provisions of s 67(4) of the Constitution. The fact that some political parties end up not
being funded does not mean that no political parties are funded. Entitlement to payment of the
money from the public funds appropriated for the purpose of funding political parties is not a
fundamental right of a political party. It is a statutory right claimable after a political party has
met the minimum requirements for entitlement to payment.
Select target paragraph3
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