AmaBhungane Centre for Investigative Journalism NPC v President of the Republic of South Africa

AmaBhungane Centre for Investigative Journalism challenged the constitutionality of the Executive Ethics Code promulgated under Proclamation No. R41 of 2000. The challenge arose in the context of earlier litigation concerning findings by the Public Protector that the President had breached the Code by failing to disclose donations made to the CR17 internal ANC leadership campaign. While the High Court set aside the Public Protector’s findings, AmaBhungane pursued a constitutional challenge arguing that the Code was defective because it did not require members of the executive to disclose donations made to campaigns for positions within political parties unless they constituted a direct personal benefit. After remittal from the Constitutional Court, a Full Court of the Gauteng Division declared the Code unconstitutional to the extent of this omission and suspended the declaration for 12 months. The matter came before the Constitutional Court for confirmation of that declaration of invalidity.

The Constitutional Court confirmed the order of the Full Court declaring the Executive Ethics Code unconstitutional and invalid to the extent that it does not require disclosure of donations made to campaigns for positions within political parties. The declaration of invalidity was suspended for 12 months to allow the President to remedy the defect. The President was ordered to pay AmaBhungane’s costs, including the costs of two counsel.

This case is a landmark decision on transparency and accountability in executive ethics. It clarifies that internal party political funding is constitutionally relevant once a candidate assumes executive office and must be subject to disclosure. The judgment strengthens anti-corruption safeguards, advances the public’s right to access information, and reinforces the constitutional values of openness and accountability in governance. It also limits the ability of members of the executive to avoid disclosure through campaign funding structures.