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JUDGMENT
_____________________________________________________________________
WEPENER J (MBHA JA, LAMONT J and MS PATHER (MEMBER), CONCURRING
[1]
On Tuesday 29 April 2019 this court issued the following order and reasons
therefor:
‘[1]
The Chief Electoral Officer of the Commission is obliged to publish his or her
decision in terms of section 15(5) of the Electoral Commission Act 51 of 1996 as soon as
reasonably practicable after the decision has been taken.
[2]
There was a failure to publish the registration of the Second Respondent in the
Government Gazette. In consequence, the period of thirty days referred to in section 16(2)
of the Electoral Commission Act 51 of 1996, did not commence.
Order
[1]
The decision of the Electoral Commission to refuse condonation to the applicant
and the consequent dismissal of the appeal, is reviewed and set aside.
[2]
[2]
There is no order as to costs.’
The applicant in the matter is the Freedom Front Plus, a registered political party
which has seats both in the national and provincial legislators. The first respondent is the
Electoral Commission (the Commission), a body established pursuant to chapter 9 of the
Constitution and which conducts itself in terms of the Electoral Commission Act1 (the Act).
The second respondent is Black First Land First (the BLF), a political party, registered as
such by officials of the first respondent.
[3]
On 30 April 2019 the Commission requested reasons for the Court’s decision
aforesaid. These were set out shortly when the court issued its decision. I now elaborate
on the reasons and findings as published on 29 April 2019.
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Act 51 of 1996.