IEC rejects ActionSA's appeal to register as a political party

0:00
play article
Subscribers can listen to this article
Herman Mashaba during his interview with News24.
Herman Mashaba during his interview with News24.
screenshot
  • The IEC has upheld its decision to reject ActionSA's application to register as a political party.
  • POA objected to the application of ActionSA, on the basis that the proposed logo was too similar to theirs.
  • ActionSA's Herman Mashaba says his party has an excellent chance of successfully reviewing the IEC's decision.

Herman Mashaba's ActionSA has encountered yet another hurdle after a decision to reject their application to register as a political party was upheld by the Electoral Commission of South Africa (IEC).

"Having duly considered the appeal lodged by ActionSA, as well as the grounds for the rejection of the party's application by the CEO, the commission upheld the CEO's decision on the basis that the symbol of the party resembles that of another registered party to such an extent that it may deceive or confuse voters," the IEC said in a statement on Friday.

The commission upheld one aspect of the appeal by ActionSA, namely that the use of the South African flag in the logo was in contravention of the Heraldry Act of 1962.

READ | Herman Mashaba takes aim at IEC after Action SA loses appeal over party status

"Section 16 requires that the IEC take into account the fact that the party, which is associated with the name, abbreviated name, distinguishing mark or symbol (as the case may be) for the longest period, should prima facie be entitled thereto," the IEC said.

Objection

An existing party, Party of Action (POA), had objected to the application of ActionSA on the basis that the proposed logo was too similar to its own.

"In terms of the law, ActionSA may submit a new application for registration, with a revised symbol or logo, which does not bear resemblance to any other registered party. Alternatively, if the party is still aggrieved by the decision of the commission, it may approach the Electoral Court," the IEC added.

In a statement, Mashaba said he is shocked by the IEC's decision, and the basis upon which they have rationalised it.

"We remain deeply concerned that a Chapter 9 Institution, charged with safeguarding our electoral democracy, can make important legal decisions in this manner.

"The concession by the commission to overturn the decision of the chief electoral officer included the remarkable concession that the commission has no evidence to suggest that the South African flag is even protected under the Heraldry Act of 1962.

"This is a demonstration of the flawed decision-making process followed by the IEC, which raises the question of how they can correctly analyse a subjective issue of similarities when they did not correctly assert the objective matter of the law," he said.

Mashaba said ActionSA stands an excellent chance of successfully reviewing the IEC's decision in the court on an urgent basis - "however, ActionSA must now weigh the merits of its options".


Did you know you can comment on this article? Subscribe to News24 and add your voice to the conversation.

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
Lockdown For
DAYS
HRS
MINS
Voting Booth
When planning for the Black Friday sales do you:
Please select an option Oops! Something went wrong, please try again later.
Results
Save, research and plan ahead, preparing to make the most of it?
7% - 989 votes
Wait and see what looks like a good deal on the day?
14% - 1878 votes
Have no interest in spending more money this year?
79% - 10550 votes
Vote
ZAR/USD
15.20
(-0.63)
ZAR/GBP
20.32
(-0.45)
ZAR/EUR
18.12
(-0.61)
ZAR/AUD
11.20
(-0.65)
ZAR/JPY
0.15
(-0.78)
Gold
1809.97
(+0.12)
Silver
23.29
(-0.15)
Platinum
963.00
(+0.40)
Brent Crude
48.73
(+1.57)
Palladium
2368.48
(+2.46)
All Share
57923.69
(+0.31)
Top 40
53084.13
(+0.27)
Financial 15
11645.28
(+0.04)
Industrial 25
79993.34
(+0.20)
Resource 10
52790.93
(+0.35)
All JSE data delayed by at least 15 minutes morningstar logo