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Judgment No. CCZ 3/18
Constitutional Application No. CCZ 15/18
specified in terms of paragraph (a) of that subsection as the number of elected
members of Parliament who are members of that political party bears to one
hundred and twenty:
Provided that, where fewer than fifteen elected members of Parliament are
members of a particular registered political party, that political party shall not be
entitled to any moneys in terms of this Act.’ …
What is most significant about this Act is that no registered political party with less
than fifteen elected members of Parliament will be entitled to be paid any moneys by
the State. Parties with the requisite number of elected members will receive funding
every year and not only after a general election has taken place. The amount of such
funding is calculable on the basis of the number of their members as a percentage of
the one hundred and twenty common roll constituencies. Plainly the funding is designed
to subsidise permanently the political parties that qualify and not merely to reimburse
their election expenses.”
The learned CHIEF JUSTICE continued at 266E-267D:
“(4) THE THRESHOLD OF FIFTEEN ELECTED MEMBERS OF A PARTICULAR
REGISTERED POLITICAL PARTY AS THE ENTITLEMENT TO RECEIVE
FUNDING FROM THE STATE
The justification for placing a reasonable limitation upon the payment of State funds to
political parties admits of no controversy. Its purpose is understandable. It is to
encourage serious political parties or candidates to contest an election and thereby strive
to obtain representation in Parliament. Yet, on the other hand, it is to discourage
inability to attract an important following - to command a significant proportion of the
votes cast. Put differently, the aim is to inhibit the proliferation of trifling parties; to
prevent them from participating in the election simply in order to secure public moneys.
Jensen op cit at 113-114 points out that the regulation of public funding for elections
has been identified with the following five goals:
(i)
to ensure equality of opportunity in a liberal democracy characterised by
inequities in the distribution of wealth;
(ii)
to make enough money available that competitive campaigns can exist;
(iii)
to allow new entrants, while not encouraging frivolous candidates or propping
up decaying political organisations;
(iv)
to reduce the opportunity for undue influence; and
Select target paragraph3
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