3
[4]
The matter concerns the registration of a political party, the second respondent.
During 2016 the second respondent applied to the Chief Electoral Officer (CEO) of the
Commission and was registered as a political party. Such application was in terms of s
15 of the Act. The CEO of the Commission is the official that is authorised and empowered
to deal with the registration of political parties. The person who acted in the stead of the
CEO implemented the provisions of s 15, save for the provisions of s 15(5)2. The second
respondent was duly registered but the CEO failed to publish the prescribed particulars
of the registration in the Government Gazette (the Gazette). He thus ignored the
mandatory provisions of s 15(5).
[5]
The importance of the publication in the Gazette is that it is that act (ie the
publication) that triggers the rights of other parties. Pursuant to the provisions s 16, a
party receiving notice of the registration of a new party, may appeal such decision to
register a party. In terms of the provisions of s 16(2):
‘Any party which is aggrieved by a decision of the chief electoral officer to register or not
to register a party, may within 30 days after the party has been notified of the decision,
appeal against a decision to the Commission in prescribed manner.’
[6]
A party is defined in the Act3 to mean:
‘"party" means any registered party, and includes any organisation or movement of a
political nature which publicly supports or opposes the policy, candidates or cause of any
registered party, or which propagates non-participation in any election;’
and the term4
‘“(r)egistered party” means any party registered in terms of section 15’.
The result is that registered political parties may within 30 days of notification of the
decision to register another political party, appeal that decision to the Commission.
2
‘After a party has been registered the chief electoral officer shall issue that party with a registration certificate in
the prescribed form and publish the prescribed particulars of such registration in the Gazette.’
3
Section 1(1)(vi).
4
Section 1(1)(ix).