OPINIONISTA: VF+ not likely to succeed in challenging registration of BLF By Pierre De Vos pierredevos
The BLF is a small but noisy group aligned to various participants in the capturing of the state, including the Gupta family and former president Jacob Zuma. The party has now transformed itself into a small political party contesting the national election, hoping to capture a profitable seat or two in the National Assembly.
Section 16 of the Electoral Commission Act prohibits the chief electoral officer from registering a political party if its proposed name or symbol resembles the name, or symbols of any other registered party “to such an extent that it may deceive or confuse voters”.
Because of the specific wording of section 16 of the Electoral Commission Act quoted above, it would be difficult to convince a court that the IEC has a legal duty to refuse to register a party because that party in its constitution discriminates on the basis of race .
This is odd, because if the text of the two provisions mean what they seem to mean, a party like the BLF would be allowed to register as a political party despite only allowing “black” members, but another party who, when it was initially registered, allowed everyone as members, then changed its constitution to prohibit “white” people from joining, could be de-registered by the IEC.
discriminate on the grounds of race, ethnicity, sex, gender, class or religion in connection with an election or political activity.”
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