IEC Rejects ActionSA Appeal, ActionSA to Investigate Options
10 November 2020
ActionSA has been advised yesterday afternoon, by the IEC that its appeal has been upheld in respect of the rejection on the grounds of the Heraldry Act, but upheld the Commission’s decision to reject the application on the grounds of the similarity.
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.
The concession by the Commission to overturn the decision of the Chief Electoral Officer, included the remarkable concession that the Commission has no evidence to suggest that the South African flag is even protected under the Heraldry Act of 1962.
This is a demonstration of the flawed decision-making process followed by the IEC, which raises the question of how they can correctly analyse a subjective issue of similarities when they did not correctly assert the objective matter of the law.