24 (v) Judgment No. CCZ 3/18 Constitutional Application No. CCZ 15/18 to prevent corruption. In the Zimbabwean setting, the first three of these goals are particularly apposite, but are not achieved by s 3(3) of the Political Parties (Finance) Act. Obviously, the mere presence of public funds is not sufficient. It must be provided in a manner that is nonexclusionary and tolerant of political pluralism and electoral competition. Otherwise it will do no more than entrench and reinforce the regime of the major political parties, and treat far less fairly their minor or new opponents. Thus a high threshold for entitlement to receive State funding makes it extremely unlikely that small but meaningful voices will be heard. In a relatively non-affluent society, where nothing like adequate funding from private sources is available, such a threshold renders it virtually impossible for other political parties to gain any real margin of success.” Finally, at 272C-G GUBBAY CJ held: “It is my view that the whole of s 3(3) of the Political Parties (Finance) Act, and not merely its proviso, should be declared inconsistent with s 20(1) of the Constitution. This is because, as mentioned earlier, it is, in essence, the scheme upon which State funding is paid that abridges the protection of freedom of expression. Even if the threshold of the number of elected members were set far below fifteen, the requirement of there having to be representation by a registered political party in Parliament, in order to qualify for annual funding, would still put aspiring opposition political parties at a severe monetary disadvantage in mounting an electoral campaign; and, thereafter, in maintaining potent political survival. It seems probable that an appreciation of this factor was the motivation for other countries passing legislation which makes the entitlement to funding dependent upon the attainment of a fairly low percentage of the overall number of votes cast at a general election (if the funding is to be provided annually, which is the policy in Zimbabwe). It may be true to say that at the next general election the hurdle for smaller or emerging political parties will remain fairly formidable. Yet, assuming a reasonable threshold is fixed by Parliament on the basis of a percentage of the total number of votes cast, it should be reached with less difficulty than under a regulatory system that effectively entrenches the status quo. As the striking down of subs (3) renders the allied provisions contextually inappropriate, it will be incumbent upon the Legislature to replace the whole of s 3 of the Political Parties (Finance) Act in conformity with this judgment.” (The underlining is mine for emphasis)