ActionSA wants court to force IEC to 'find a way' to remedy ballot paper omission

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Judge admits that the matter between the party and the electoral commission “is not a straightforward case”.

Hassim said the commission’s decision not to remedy the issue was unlawful, did not consider the merits of the request, and failed to explain “why an identifier that is presented as optional when you apply to register as a party, is later held to be mandatory”.

“What is really at the heart of this case is that the applicant seeks preferential treatment ... The applicant says it should be treated differently because it is a new party and voters may not be aware of its logo because it’s a new party. But the commission cannot have different rules for old and new parties; it must have the same rules for all parties otherwise the elections will not be free and fair.

“There is nothing unusual about what’s happened here, this is what the commission has been doing since 1994, it uses abbreviation on ballot papers, it relies on parties' registered identifiers through the formal process in the legislation. The issue has not come up before because parties knew if you don’t register an abbreviation, the commission can’t use an abbreviation.”

 

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