ActionSA files final affidavit with Electoral Court
18 October 2021
ActionSA has filed its final replying affidavit with the Electoral Court on Friday, completing our application before the Court which is of comfort to ActionSA given the confidence we hold in our judicial system. A copy of which can be accessed here.
In our replying affidavit, ActionSA has addressed 4 important matters arising from the papers filed by the IEC.
Firstly, the IEC has changed the focus in its papers. While initially focusing on the registration of ActionSA, it now relies on Section 23 of the Municipal Electoral Act and the power it affords the Commission to produce ballot papers. ActionSA has adjusted its notice of motion accordingly to challenge the legality of the Commission’s exercise of its powers under section 23.
“Chapter 4 of the Commission Act does not require ActionSA (as a party) to have a registered abbreviated version of its name. It stands to reason, therefore, that the Commission cannot in law be permitted to design a ballot paper that effectively requires ActionSA to have a registered abbreviated name, in circumstances where that is not a registration requirement under chapter 4.”