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How to turn a Transparency Policy into a workable and effective Legal Regime
‘Democracy means being in touch and in tune with life as it's lived in our communities, and that is what we should expect from our leaders…' – Barak Obama Political parties are indispensable conduits for the enjoyment of political rights as they are responsible for aggregating and articulating inter...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2021
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| _version_ | 1867613337978667008 |
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| access_status_str | Open Access |
| author | Khomo, Coreen Morongoe Boipelo |
| author2 | Calland, Richard |
| author_browse | Calland, Richard Khomo, Coreen Morongoe Boipelo |
| author_facet | Calland, Richard Khomo, Coreen Morongoe Boipelo |
| author_sort | Khomo, Coreen Morongoe Boipelo |
| collection | Thesis |
| description | ‘Democracy means being in touch and in tune with life as it's lived in our communities, and that is what we should expect from our leaders…' – Barak Obama Political parties are indispensable conduits for the enjoyment of political rights as they are responsible for aggregating and articulating interests, developing competing policy proposals, organising legislatures and co-ordinating the formation and activities of government, none of which is possible without adequate financial resources. The money political parties derive from the public revenue is not enough to allow them to run successful election campaigns, and as a result, they are left largely reliant on private sources of funding. However, the way in which this private funding infiltrates the political system has proven to be one of the biggest threats to democracy. An insidious link, fuelled by a lack of transparency and openness, is seen between those who donate money and those who receive it. Often, this culminates in a quid pro quo relationship between the donor and the donee which we see manifest as rampant corruption within the (dys)functioning of our state arms. In an effort to attenuate the ruinous effects of the unregulated passage of money through political systems, most democracies around the world have moved towards enacting regulatory disclosure laws, which are premised on the understanding that information on the private funding of political parties, and how this money is used, is essential for the effective exercise of the right to make political choices and to participate meaningfully in elections. No universally accepted model has been developed to regulate political finance; however, it is accepted that the core feature of any transparency policy is to be firmly rooted in the principles of access to information which in turn promotes accountability, responsiveness and openness. This paper examines whether South Africa's legal framework on political finance adequately addresses the problems that exist in relation to the funding of political parties and particularly, the threat of corruption. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/33819 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:34:32.198Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/33819 How to turn a Transparency Policy into a workable and effective Legal Regime Khomo, Coreen Morongoe Boipelo Calland, Richard Constitutional and Administrative Law ‘Democracy means being in touch and in tune with life as it's lived in our communities, and that is what we should expect from our leaders…' – Barak Obama Political parties are indispensable conduits for the enjoyment of political rights as they are responsible for aggregating and articulating interests, developing competing policy proposals, organising legislatures and co-ordinating the formation and activities of government, none of which is possible without adequate financial resources. The money political parties derive from the public revenue is not enough to allow them to run successful election campaigns, and as a result, they are left largely reliant on private sources of funding. However, the way in which this private funding infiltrates the political system has proven to be one of the biggest threats to democracy. An insidious link, fuelled by a lack of transparency and openness, is seen between those who donate money and those who receive it. Often, this culminates in a quid pro quo relationship between the donor and the donee which we see manifest as rampant corruption within the (dys)functioning of our state arms. In an effort to attenuate the ruinous effects of the unregulated passage of money through political systems, most democracies around the world have moved towards enacting regulatory disclosure laws, which are premised on the understanding that information on the private funding of political parties, and how this money is used, is essential for the effective exercise of the right to make political choices and to participate meaningfully in elections. No universally accepted model has been developed to regulate political finance; however, it is accepted that the core feature of any transparency policy is to be firmly rooted in the principles of access to information which in turn promotes accountability, responsiveness and openness. This paper examines whether South Africa's legal framework on political finance adequately addresses the problems that exist in relation to the funding of political parties and particularly, the threat of corruption. 2021-08-24T01:44:44Z 2021-08-24T01:44:44Z 2021 2021-08-24T01:01:53Z Master Thesis Masters LLM http://hdl.handle.net/11427/33819 eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | Constitutional and Administrative Law Khomo, Coreen Morongoe Boipelo How to turn a Transparency Policy into a workable and effective Legal Regime |
| thesis_degree_str | Master's |
| title | How to turn a Transparency Policy into a workable and effective Legal Regime |
| title_full | How to turn a Transparency Policy into a workable and effective Legal Regime |
| title_fullStr | How to turn a Transparency Policy into a workable and effective Legal Regime |
| title_full_unstemmed | How to turn a Transparency Policy into a workable and effective Legal Regime |
| title_short | How to turn a Transparency Policy into a workable and effective Legal Regime |
| title_sort | how to turn a transparency policy into a workable and effective legal regime |
| topic | Constitutional and Administrative Law |
| url | http://hdl.handle.net/11427/33819 |
| work_keys_str_mv | AT khomocoreenmorongoeboipelo howtoturnatransparencypolicyintoaworkableandeffectivelegalregime |