“Politics and money make disquieting bedfellows,” began last week’s unanimous ruling from the top court on the unconstitutionality of the Executive Ethics Code. SA’s politicians and their backers have been snug in a chamber of secrets. Change is afoot but it will take time and will to pull back the covers.
The apex court’s decision, directing the code be corrected within 12 months, will move the needle on SA politics. And if the ANC’s designs on tampering with disclosure thresholds imposed by the Political Party Funding Act are any gauge, the shift is not likely to be well met. It is not even apparent it was seriously noticed.
Non-profit investigative journalism outfit amaBhungane took on the president over the code. When financial pledges are shrouded in secret the risk — to the cynic, probably — of abuse goes unchecked. amaBhungane argued the Ethics Act required the code to insist members report all financial interests on assuming office, and any financial interests thereafter.
It tackled Section 2(2)(c) of the code, pressed for true transparency and argued the definition of “any financial interest” incorporated financing for internal political party campaigns.
The relief it now secured looks forward. It will impact national ministers, their deputies and members of executive councils (MECs) at a provincial level in future. Once the code is remedied, these members must publicly disclose who floated campaigns for their rise to key party positions.
It seems obvious: voters are disempowered from taking informed political decisions when access to pertinent information is retarded. This has been the norm.
Note the latest change so highly praised by some emanated from the courts’ application of the law in a case from a non-profit. It did not emerge from political quarters. In fact, the president was against it.
And the deafening silence from political parties across the board after last Tuesday’s milestone order speaks volumes. In contrast, response from those keen to prise open the ledger books for individual campaigns for top jobs in represented political parties had a triumphant air.
Media lawyer Dario Milo called the decision a “magnificent victory” for transparency. He was, it must be recorded, on the applicant’s team. Non-profit My Vote Counts (MVC) affirmed the political elite has a duty to account to the public. MVC saw the ruling as “renewed commitment” to tackling a “possible toxic relationship between money and politics”.
The official business of politics is costly, whether driving a leadership campaign, hosting a conference or paying staff. Records published by the Independent Electoral Commission of SA show the ANC’s salary bill alone was R85.7m in 2021. The DA listed one of R22.5m for the same year, while the EFF did not disclose this line item.
For years, the ANC has struggled to keep its own books in order. It begs the question: when its own staff cannot rely on the party to pay its dues, how is it competent to govern? Just last week, staffers protested over another month without timely pay. Some have been out of pocket since midyear. To add to its misery, the ANC has an October deadline to pay R10m towards its provident fund debt.
Treasurer-general Paul Mashatile has said the party’s four-day long policy conference in July cost R17m, December’s gathering will cost R50m and the ANC is on a fundraising drive. These are only the official figures. Who is bankrolling more furtive auxiliary transactions — including drivers of individual contests to nab top spots — is a matter of wild speculation.
The true determinant of the Constitutional Court order’s impact hinges on implementation. It has no bearing on the ANC’s impending December conference. As has been its wont, ANC monies will move largely unchecked.
What flows in and out of ANC coffers and associated accounts has thrived in a climate of secrecy from an outsider viewpoint. The ANC is gripped by internal scrimmages and fast losing public trust, as 2019 national and 2021 provincial election trends attest. Those set to join the executive driving personal agendas have one last escapade with financiers behind tightly shut doors.
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