IEC Drops Complaint Against EFF Over ‘Vote EFF’ and ‘Victory or Death’ Election Posters

In regards to the Economic Freedom Fighters’ (EFF) “VOTE EFF” and “VICTORY OR DEATH” campaign posters, the Electoral Commission of South Africa (IEC) has chosen not to pursue a complaint against the group.

The commission stated in a letter dated October 20, 2026, that the three individuals’ complaints did not contain enough proof to establish a prima facie case of a violation of electoral laws or the electoral code of conduct.

Members of the Democratic Alliance’s proportional representation council, Hentie Nortjé, Daniel Fuchs of Johannesburg, and Thomas Schoeman were the ones who filed the complaints. According to their claims, the EFF’s campaign slogans were in violation of multiple statutes, including the Electoral Act, the Local Government: Municipal Electoral Act, and the Electoral Code of Conduct.

The IEC enlisted the help of GMI Attorneys to investigate the claims and advise them on whether or not to initiate civil proceedings in a competent court, such as the Electoral Court, in response to the complaint.

There was no prima facie violation of Section 94 of the Electoral Act, Section 66 of the Municipal Electoral Act, or Item 9(1) of the Electoral Code of Conduct, according to the commission’s review of the parties’ arguments.

These results led the IEC to conclude their investigation and not pursue further action.

The commission did make it clear that its decision was not meant to be seen as a court ruling regarding the validity of the slogans in question. No final court decision can be made by the IEC, it said, explaining that it lacks the power to do so.

So, the three individuals who filed the complaints can still go to a court that has the authority to hear their case if they want to keep fighting the EFF’s campaign posters.

The Electronic Frontier Foundation (EFF) responded to the ruling in a post on X, claiming that the complaint was an effort to ban its election campaign posters.

Political parties are currently in the midst of their campaigns in anticipation of the forthcoming local government elections; crucial concerns include the content of their messages and whether or not they have complied with electoral regulations.

The IEC’s decision not to pursue the complaint does not constitute a court ruling that declares the EFF’s slogans lawful, however. Should the complainants choose to pursue legal action, the matter may still be examined by an appropriate court.

https://x.com/effsouthafrica/status/2113191941672161698?s=46

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