- The Constitutional Court was required to consider whether Parliament had failed to fulfil its constitutional duty of enacting legislation giving effect to the right to access of information, as contained in section 32 of the Constitution, by requiring political parties to disclose their sources of private funding.
- The Constitutional Court held that the Promotion of Access to Information Act (PAIA) is the piece of legislation to give effect to the rights contained in section 32 of the Constitution and that the Applicant failed to comply with the principle of subsidiarity as it attacked the matter not on the ground of PAIA but rather on the constitutional right in section 32 and was therefore dismissed.
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