I would agree that it is a bug in the system if it only happened once, or repeatedly.
The reason not to believe it is a bug in the system:
Player 1 tried to get herald in a siege and could not. Tried with a second player and could not get it still. Took a third player, gaining another 1000 merits, to get it.
The next siege player 1(same from above) could get herald.
Next siege player 1 (saa) could get herald.
Next siege player 1(saa) could not get herald again, traded off merits, and 2nd player could.
Both times herald was not intially working the opposing team obvisiously just got it as they were making a push under fearless.
edit: (for clarification)
I believe it is a glitch in rom, but that it is only happening sometimes indicates there is an external factor triggering/using it, thus an exploit. Much akin to the old, old warden buffs of hoto/poto/ponc having a graphic animation that caused other players to crash out.
Really I've heard some paranoid things on this forum, but this has to be one of the most paranoid things I've ever heard.
Problem is more than likely the player than anything else, is the player collecting the merits outside of the general area where the crystal is? The crystal has a certain radius to it where you receive herald and clicking it while you're in range won't fix it. That's why I always collect outside of the throne room at the inner gate, that way people can run along and go out faster too.