• • • • important and decisive role to play in the electoral process as provided under the constitution. It must be permissible, therefore, for the State to make financial resources available not only for the elections themselves but also for the political parties that sustain them16; The need to reduce the advantage some parties might have by receiving far greater financial, material and other support than others and to ensure that no party with a potential to gain significant voter support is prevented from doing so by funding constraints17; To avoid reliance on foreign funding by political parties, which is in any event prohibited in many countries; To discourage political parties from resorting to unlawful means of mobilising financial and other resources; and To avoid over-reliance by political parties on corporations, wealthy entrepreneurs and other individuals who may regard politics as business and political parties as investments, the result being that through their donations they end up ‘owning’ the parties or being ‘kingmakers’. This can very easily promote self interest, at the expense of national interest, and thus engender corruption18. Most of the above justifications for public funding of political parties were found acceptable by the Supreme Court of Zimbabwe in 1997, in the case of United Parties v Minister of Justice, Legal and Parliamentary Affairs and Others 1997 (2) ZLR 254 (SC). The Supreme Court said, with regard to the question of public funding of political funding, that unhindered freedom of political expression was essential to the proper functioning of a democratic system. Political parties contending for ascendancy should not be subject to legislative measures that limited their capacity to engage in dialogue and communicate arguments and opinions to enable the populace to make informed judgments as to how they should be governed. Public funding of political parties was a vital element of sound democracy both as an egalitarian measure and as a means of curbing the dependency of political parties upon private interests. The system of public funding had, however, to be respectful of pluralism and the possibility of political change. The court noted with approval that it had been recognized internationally that the regulation of public funding for political parties, particularly as regards elections, had five goals, viz: (i) to ensure equality of opportunity in a liberal democracy characterized by inequalities in the distribution of wealth; (ii) to make enough money available for competitive election campaigns to occur; (iii) to allow new entrants, while not encouraging frivolous candidates or propping up 16 Masunungure, op cit, p.15. Friedman, op cit, p. 4. 18 See Masunungure, op cit, p.10. 17 8

Select target paragraph3