The Commission has upheld the decision by the Chief Electoral Officer (CEO) to reject the application for registration as a political party by ActionSA in terms of Section 16 of the Electoral Commission Act (51 of 1996).
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 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.
Section 16 requires that the Commission take into account the fact that the party which is associated with the name, abbreviated name, distinguishing mark or symbol (as they case may be) for the longest period should prima facie be entitled thereto.
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.
The Commission has written to ActionSA outlining its decision and responding in full to their appeal.
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.
ISSUED BY THE ELECTORAL COMMISSION
Ensuring free and fair elections
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