- Herman Mashaba's attempt to appeal the IEC's decision to reject his application to register ActionSA has been unsuccessful
- The party expressed its shock over the decision, saying that it is concerned over the matter
- However, Mashaba is now seeking out legal action in his mission to take the party through to the elections
ActionSA's appeal over the IEC's decision to reject its application to officially become a political party has been unsuccessful.
In a statement issued by Herman Mashaba, it was apparent that this outcome had taken them by surprise:
"ActionSA is shocked by the decision of the Commission, and the basis upon which the Commission has rationalised its decision. We remain deeply concerned that a Chapter 9 Institution, charged with safeguarding our electoral democracy, can make important legal decisions in this manner."
Mashaba raised concerns over a study cited by the IEC in their reasons for rejecting the application:
"The IEC relies on generalisations made in the report such as the reasonable voters ability to discern subtle differences, the IEC stated that: “Discerning subtle differences in the names and logos of political parties will escape many reasonable voters.”
The study itself had noted that its generalisations could not be applied to the broader public due to the small number of citizens interviewed.
Mashaba found it interesting that ActionSA's offer to present their case to the IEC was never take up:
"Interestingly the offer made in our appeal, which the regulations make provision for, for ActionSA’s marketing team to present a professional perspective on the differences between the logos, and the inconsistencies with other logos previously registered, was not taken up."
Nevertheless, Mashaba confirmed that ActionSA is currently consulting its legal team to study the Commission’s reasons to uphold the decision of the Chief Electoral Officer:
"It is clear that ActionSA stands an excellent prospect of successfully reviewing the IEC’s decision by the High Court on an urgent basis, however ActionSA must now determine weigh the merits of its options."
Earlier, Briefly.co.za reported that the IEC hammered ActionSA’s political party application as they feel their logo is far too similar to other organisation's – the South African flag in the logo also raised an eyebrow.
ActionSA took the rejected application with pride as they do see where the IEC is coming from, especially in terms of the use of the South African flag.
The application was rejected and the IEC listed the Heraldry Act as one of their grounds for rejection.
"Furthermore, the proposed distinguishing mark or symbol of ActionSA contains the national flag as part of its emblem. Given that the national flag has been registered under the Heraldry Act 18 of 1962, no organisation, institution or concern, including a political party, may use the flag or a portion of the flag to form part of its emblem,” the electoral commission said.
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