Electoral Court concedes that IEC erred with BLF registration

29 April 2019

The Electoral Court in Johannesburg found for the FF Plus regarding the Electoral Commission's failure to comply with the legal requirements with the registration of the BLF and has ruled that the requirements must be complied with as soon as is practicable.

The court found that the period for appeal against the decision of the chief electoral officer to register the BLF as a political party has not yet commenced seeing as the decision was never published in the Government Gazette, which is required by law.

The court also ruled that the Commission acted unlawfully by dismissing the FF Plus's appeal against the BLF's registration.

The court did not rule on the validity of the BLF's registration. Seen in the light of the ruling, it is clear that the Commission did not follow the correct procedure and should the Commission still allow the BLF to participate in the elections, questions regarding the lawfulness of such participation would be justified.

The IEC now needs to publish their decision to register the BLF as a political party in the Government Gazette and then parties can appeal the decision.

It is lamentable that a body like the Electoral Commission does not comply with the prescribed legal requirements.

The FF Plus is considering taking further steps to prevent the BLF from participating in the upcoming elections seeing as the party's registration as a political party is quite possibly invalid. Having a party that was unlawfully registered participate in the elections jeopardises the entire electoral process.

According to Section 16(1)(c) of the Electoral Commission Act (Act 51 of 1996), the IEC may not register a political party that does not allow membership of the party based on race, colour or ethnicity. The BLF's constitution stipulates in Section 4 that only black people may become members of the party.

Issued by Pieter Groenewald, FF Plus leader, 29 April 2019