PRETORIA - The Executive Ethics Code could be unconstitutional, says the AmaBhungane Centre for Investigative Journalism.
This has emerged from President Cyril Ramaphosa's court bid to set aside the public protector's CR17 report.
Meanwhile, lawyers for the EFF argue Ramaphosa was obliged to declare his presidential campaign donations and misled parliament by withholding the truth about the R500,000 from Bosasa boss Gavin Watson.
Amabhungane is weighing in on the president's legal battle with Public Protector Busisiwe Mkhwebane.
It says the Executive Ethics Code currently allows for too much secrecy.
"That as we understand it is a conclusion that the executive ethics code has no application to private funding. And we submit, then that means the executive ethics code is unconstitutional," said Steven Budlender, an advocate for AmaBhungane.
And it says the matter is of utmost importance.
"And is actually more important than whether this president acted unlawfully and whether this public protector acted unlawfully," Budlender said.
Mkhwebane's power to investigate the CR17 campaign is likely to decide the case but the EFF says the president also had an ethical obligation.
"The president was always under a legal and ethical obligation to disclose campaign funding, even if it's funding from private donors."
The outcome of this case could have serious implications for either the president or the public protector, with both already under fire from their detractors.
And the court's decision on private political party funding could set a precedent that changes South Africa's politics.