4
[7]
It was argued before us that the time to object to the registration of a new party, is
during the period set out in s 15(1), and having regard to the provisions of s 16(1) of the
Act5, it was submitted that any objection had to be made during the period after the new
party itself published particulars of its application in the Gazette. I am of the view that
such an objection, if raised, is one which the CEO must consider and deal with and not
the Commission. The CEO will be obliged to consider the application for registration
against the prescripts contained in ss 15 and 16(1) and any objections that he or she may
receive.
[8]
In terms of s 16(2) of the Act all aggrieved parties, as defined, have a right to
appeal the decision of the CEO to register a political party. This is a different right and a
different procedure than that which is set out in ss 15 and 16(1). It is consequently clear
that there is a pre-registration procedure contained in ss 15 and 16(1) and a post
registration set out in s 16(2).
[9]
Counsel for the Commission argued, in the alternative, that the only parties who
may so appeal are parties who have previously taken part in the registration process by
lodging an objection with the CEO during the process contemplated in s 16(1). There is
nothing in this Act to indicate that the words ‘any party’ used in s 16(2) should be narrowly
interpreted to refer to only a party who had previously lodged an objection with the CEO
during the s 16(1) procedure. In my view, any aggrieved party has the right to appeal the
registration by the CEO of a new party within 30 days, which appeal must be lodged with
the Commission. It is this aspect of the matter that needs closer attention. The right of a
party to appeal is open for 30 days ‘after the party has been notified of the decision. . .’
of the CEO to register a new political party. The notification, counsel for the Commission
submitted, was the fact that all registered parties knew, or became aware of the fact of
registration on the electronic website of the Commission. This, counsel submitted, is more
5
‘(1) The chief electoral officer may not register a party in terms of section 15, if(a) a proposed name, abbreviated name, distinguishing mark or symbol mentioned in the application- symbol,
(i) resembles the name, abbreviated name, distinguishing mark or as the case may be, of any other registered party
to such extent that it may deceive or confuse voters ; or
(ii) contains anything which portrays the propagation or incitement of violence or hatred or which may cause serious
offence to any section of the population on the grounds of race, gender, sex, ethnic origin, colour, sexual orientation,
age, disability, religion, conscience, belief, culture or language. ‘