Should the Electoral Commission bend the rules when parties fail to comply?
Can the Electoral Commission of South Africa bend the rules for the registration of political parties when they do not publish notice of their applications? Should they also be allowed to register with fewer supporters’ signatures than the required number? Or pay a rand or two less than the prescribed deposit with their candidate nominations?
The Electoral Commission of South Africa received an appeal regarding a political party's registration application. The party had chosen an abbreviated name that closely resembled another registered party, leading to its initial rejection by the commission. The party then sought to register with alternative abbreviated names, but the commission could not grant its request.
The party's attempts to appeal to the Electoral Commission and subsequently to the court resulted in the party obtaining registration under a different name.
Initially, the commission upheld the deputy chief electoral officer's decision, refusing the party's registration due to the resemblance issue. The party appealed, requesting the commission to either accept one of the proposed abbreviated names or register it with an altered name. The commission rejected this proposition, as it was not a decision-making body in the process.
The party then turned to the court, which examined the issue. The court ultimately directed the commission to reconsider the registration application, allowing for the registration without the abbreviated name and without publishing the amended application. This decision granted the party timely registration for the local government elections in 2026.
The court's decision acknowledged that the commission had broad powers to determine the registration, rather than being restricted to narrowly interpreting the deputy chief electoral officer's rejection. The court emphasized the importance of preserving the integrity of both the commission and the court while ensuring the voters' constitutional rights were respected.
Written by urgent.news from Daily Maverick's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
