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Judgment No. CCZ 3/18
Constitutional Application No. CCZ 15/18
The current s 3(3) of the Act is a direct result of the judgment in the United Parties case
supra. The applicants have not asked the Court to revisit that judgment. The judgment states
that a scheme of entitlement to State funding based on a reasonable threshold of votes received
by candidates of political parties, being a fairly low percentage of the total votes cast in the
most recent general election, would be constitutional.
There is no doubt that setting the minimum threshold for entitlement to State funding
for a political party as the votes received by its candidates which should be at least five percent
of the total votes cast in the most recent general election promotes multi-party democracy.
Political parties do not have to secure representation in Parliament. Under the current
legislative scheme for entitlement to payment of State funding, small political parties that fail
to win a seat in Parliament but have candidates who manage to receive the five percent of the
total votes cast in the most recent general election are entitled to receive payment.
Multi-party democracy is not defined in terms of seats political parties have in
Parliament. Multi-party democracy is promoted by encouraging political parties to compete for
funding by seeking to reach the minimum threshold for entitlement to payment of monies
appropriated for funding political parties. The political parties are encouraged to use freedom
of speech during campaigns in the general election to persuade voters to vote for their
candidates so that they meet the minimum threshold and get funding. The voter becomes the
decision-maker. The requirements for entitlement to payment of monies from the public funds
appropriated in terms of the Act for funding political parties ensure the effectiveness of the
funding as a means of promoting multi-party democracy as required by the Constitution.
Select target paragraph3
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