ActionSA’s mayoral candidates for Tshwane, Johannesburg and Ekurhuleni, Abel Tau, Herman Mashaba and Tlhogi Moseki, stage a picket outside of Tshwane House to fight for residents’ right to have access to an effective, reliable and fit for purpose public service that insources frontline staff where they are needed most. Picture:Thobile Mathonsi/African News Agency (ANA)Picture:Thobile Mathonsi/African News Agency (ANA)
ActionSA’s mayoral candidates for Tshwane, Johannesburg and Ekurhuleni, Abel Tau, Herman Mashaba and Tlhogi Moseki, stage a picket outside of Tshwane House to fight for residents’ right to have access to an effective, reliable and fit for purpose public service that insources frontline staff where they are needed most. Picture:Thobile Mathonsi/African News Agency (ANA)Picture:Thobile Mathonsi/African News Agency (ANA)

ActionSA files final replying affidavit with Electoral Court

By Tarryn-Leigh Solomons Time of article published Oct 18, 2021

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The Electoral Court will on Thursday hear ActionSA's matter against the Electoral Commission of South Africa in a bid to have the party's name included on the ballot paper for the 1 November elections.

This comes as the party fights to have the Electoral Commission of South Africa (IEC) include the political party’s name on the ballot.

ActionSA filed its final replying affidavit with the Electoral Court.

ActionSA has candidates in six municipalities across the country – Johannesburg, Tshwane, Ekurhuleni, eThekwini, Newcastle and KwaDukuza – but only its logo and not its name appears on the ballot paper prepared for the November 1 local government elections.

In a statement, ActionSA National Chairperson Michael Beaumont said the affidavit was filed on Friday.

"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,” he said.

Another matter which the party raised in its affidavit included the IEC’s claims that it would be impossible to remedy the ballot paper due to time, cost and logistical considerations.

However, according to Beaumont, following consultation with experts in the field of ballot paper printing who confirmed the viability of alternate remedies, including the production of stickers and rubber stamps to apply ActionSA’s name to the ballot paper, should the court rule in their favour.

He also hit back at the IEC for calling out ActionSA leader Herman Mashaba for questioning the commission as an institution and implying that Mashaba is in breach of the code of conduct by not “assuring voters of the commission’s impartiality.”

“ActionSA would like it known, without qualification, that it is not obliged to unconditionally defend the IEC, most especially when it is the IEC’s own indefensible actions from which it needs to be defended.

“The IEC is most welcome to charge Herman Mashaba, myself, or anyone from ActionSA if it wishes to compound the list of actions it has taken to the detriment of ActionSA and demonstrate its disregard of free speech,” Beaumont said.

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Political Bureau

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