| (a) | fourteen days have not elapsed since the applicant has submitted to the chief electoral officer proof of publication of the prescribed notice of application referred to in section 15(4A). |
[Section 16(1)(a) substituted by section 5(a) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]
| (b) | a proposed name, abbreviated name, distinguishing mark or symbol mentioned in the application resembles the name, abbreviated name, distinguishing mark or symbol, as the case may be, of any other registered party to such an extent that it may deceive or confuse voters; or |
| (c) | a proposed name, abbreviated name, distinguishing mark or symbol mentioned in the application or the constitution of the party or the deed of foundation mentioned in section 15 contains anything— |
[Words preceding section 16(1)(c)(i) substituted by section 5(b) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]
| (i) | which portrays the propagation or incitement of violence or hatred or which causes serious offence to any section of the population on the grounds of race, gender, sex, ethnic origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture or language; or |
| (ii) | which indicates that persons will not be admitted to membership of the party or welcomed as supporters of the party on the grounds of their race, ethnic origin or colour. |
[Section 16(1) substituted by section 28 of Act No. 34 of 2003]
| (a) | An applicant who is aggrieved by a decision of the chief electoral officer not to register that party may, within 30 days after the party has been notified of the decision, appeal against the decision to the Commission in the prescribed manner. |
| (b) | Any person who objected to an application in terms of section 15(4B) and who is aggrieved by a decision of the chief electoral officer to register that party may, within 30 days after publication of the notice referred to in section 15(5), appeal against the decision to the Commission in the prescribed manner. |
[Section 16(2) substituted by section 5(c) of Electoral Laws Amendment Act, 2021, Notice No. 321, GG44648, dated 1 June 2021 - effective 27 August 2021, Proclamation R.35, dated 27 August 2021]
| (3) | The Commission shall in the case of such an appeal enquire into or consider the matter and may, subject to subsection (4), confirm or set aside the decision of the chief electoral officer. |
| (4) | In considering such an appeal against the refusal to register a party in terms of subsection (1)(a) the Commission— |
[Words preceding section 16(4)(a) substituted by section 29 of Act No. 34 of 2003]
| (a) | shall take into account the fact that the party which is associated with the name, abbreviated name, distinguishing mark or symbol, as the case may be, for the longest period, should prima facie be entitled thereto; |
| (b) | may, for the purposes of paragraph (a)— |
| (i) | afford the parties concerned an opportunity to offer such proof, including oral evidence or sworn or affirmed statements by any person which, in the opinion of the Commission, could be of assistance in the expeditious determination of the matter; and |
| (ii) | administer an oath or affirmation to any person appearing to testify orally before it. |
