The political parties failed to provide audited financial statements to the IEC.On 10 May, the Electoral Court in Bloemfontein ordered a number of political parties to pay administrative fines of R10,000 and R40,000, for failing to provide audited financial statements to the Electoral Commission of South Africa in terms of the Political Parties Funding Act .These parties did not oppose the case or file papers at the Electoral Court to explain why they had failed to comply with the act.
When a political party is represented in Parliament or a provincial legislature, they become entitled to funds from the IEC to contest in the elections. The accounting officer must then provide this information and the audit opinion to the IEC no later than six months after the end of the financial year.The act also states that the IEC can take steps against a political party that fails to comply, and may request the Electoral Court to impose an administrative fine or to suspend funding from the IEC.After the act came into effect, the IEC held workshops to inform the political parties about their duties.
Judge Modiba, delivering the Electoral Court judgment, said the disclosure requirements were to ensure that voters could make an informed choice and to prevent corruption, because private funders could pressure the party to further their private interests. Several of the non-represented political parties did argue that they had no funds to hire an auditor and that they were unfairly required to provide audited financial statements in the same way as represented parties.Judge Modiba said a lack of funding was not a sufficient reason, because the act expressly states that every registered party is required to provide audited financial statements. The Electoral Court did not have any power to excuse a party from not complying.
“Ignoring the Commission’s efforts and not offering any explanation for non-compliances to this Court displays utter disregard for the noble objectives of the Funding Act and the rule of law.” The court fined these parties R40,000.
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