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Judgment No. CCZ 3/18
Constitutional Application No. CCZ 15/18
general election to the aggregate of the votes cast for all political parties. Democracy is
demonstrably achievable when people who are registered voters choose candidates in a free,
fair and peaceful general election by casting their votes.
It is out of the results of votes cast in a general election that a government of the people,
by the people and for the people emerges. Political parties play an important rôle in the
democratic process because they are the bodies that organise the people who vote in the general
election for candidates sponsored by them. In other words, in the system of multi-party
democracy established by the Constitution, political parties occupy central stage and play a
vital part in facilitating the exercise of political rights. Ramakatsa v Magashute 2013 (2) BCLR
202 (CC) at para [65]. The political parties take part in the exercise of legislative authority as
the ruling party or opposition parties.
What is clear from s 3(3) of the Act is that all political parties are subjected to the same
standard of having to aim at their candidates receiving at least five percent of the total number
of votes cast in the general election immediately before the next general election. In other
words, the requirement applies to every political party. The formation of a political party is not
an income generating project. The taxpayer’s money cannot be used to fund any upstart
political party which may not be bona fide. Placement of a reasonable limitation upon the
payment of public funds to political parties is beyond controversy. A situation where political
parties are formed and registered to participate in a general election simply to secure funding
by the State cannot have the effect of promoting multi-party democracy.
The applicants have not shown that they are eligible to get the financial support on the
basis of s 3(3) of the Act. In terms of the section, entitlement only accrues after an election and
Select target paragraph3
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