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”.

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Judge admits that the matter between the party and the electoral commission “is not straightforward”.With just 10 days left before the local government elections, the IEC says it is impossible to amend ballot papers to include ActionSA’s name but the party, led by Herman Mashaba, pictured, is not backing down, saying the commission must ‘find a way’.With just 10 days to go until the local government elections, the IEC says it is impossible to amend ballot papers to include ActionSA’s name.

The political newcomers took their fight to the court after the commission refused to amend draft ballot papers, which showed only the party’s logo and not its name. In its defence, the IEC put the blame squarely on ActionSA, which it said failed to put forward an abbreviation when it initially registered as a party.

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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Madala drama queen

IEC refusing to rectify this horrible mistake is an embarrassment for South Africa as a country. This has absolutely nothing to do with political affiliation but everything to do with free and fair elections. It is like the DPSA refusing to implement the signed wage deal.

'And, therefore, she said, the request to correct this was just and equitable.'

“The apparent unwillingness of the commission to remedy this issue is in conflict with its obligation to run free and fair elections'.

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