5
accessible to political parties than a publication in a Gazette. I do not agree. In my view,
the publication pursuant to s 15(5) of the Act constitutes the notification by the CEO of his
decision to register a new party. That this is so is also supported by the regulations for
the registration of political parties,6 which regulations were formulated and issued by the
Commission. Regulation 6 reads as follows:
‘Notification of registration in Gazette
The particulars which must be published in the Gazette in terms of section 15(5) of the Act
shall be the following, namely:
(a) name and abbreviated name of the party;
(b) symbol of the party;
(c) that the party has been registered only in respect of a particular municipality, if that is
the case;
(d) date of registration of the party; and
(e) a reference number.’
[10]
If regard is had to the purpose of the requirement of publication in the Gazette
which, in my view, is to notify the general public that a new party has been registered, the
notification referred to in s 16(2) is the fact that triggers the right of political parties to
lodge an appeal with the Commission. There was no argument before the court that
suggested that the provisions of s 15(5) regarding the duty of the CEO to publish
particulars of the registration has any other purpose than being a general notification of
such registration. The Supreme Court of Appeal in Weenen Transitional Local Council v
Van Dyk7 had the following to say on the subject:
‘[13]
It seems to me that the correct approach to the objection that the appellant had
failed to comply with the requirements of s 166 of the Ordinance is to follow a
commonsense approach by asking the question whether the steps taken by the local
authority were effective to bring about the exigibility of the claim measured against the
6
7
GNR13 in GG25894 of 7 January 2004 as amended.
2002 (4) SA 653 (SCA).