| (a) |
after due notice in writing to that party and an inquiry into the matter, the Commission is satisfied that the party no longer functions or has no intention to participate in an election; |
| (b) |
it is notified by that party in the prescribed manner that the party has dissolved or is intending to dissolve on a specified date; |
| (c) |
that party is not represented in the National Assembly, a provincial legislature or a municipal council and it has not participated in a national, provincial or municipal general election that took place after the date of its registration or after the date when it was last so represented; or |
| (d) |
that party has changed its deed of foundation or constitution and the Commission is satisfied that change has resulted in that deed of foundation or constitution containing anything— |
| (i) |
which portrays the propagation or incitement of violence or hatred or which causes serious offence to any section of the population on 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. |
| (2) |
The Commission may not cancel the registration of a party on the grounds set out in subsection (1)(d) unless it has served a notice on the party giving it an opportunity to withdraw or change the offending amendment or part of the amendment and the party has not done so to the Commission's satisfaction within three months. |
| (3) |
A registered party shall within two months after having changed its deed of foundation or constitution submit a copy of the changed deed of foundation or constitution to the chief electoral officer. |
[Section 17 substituted by section 31 of Act No. 34 of 2003]
Protection of Businesses Act, 1978
