ANC loses bid to deregister MK party
JOHANNESBURG - The Electoral Court has found that the Electoral Commission of South Africa (IEC) acted within the prescribes of the law when registering former President Jacob Zuma’s uMkhonto weSizwe (MK) party.
The African National Congress (ANC) wanted the Electoral Court to declare the MK party’s registration unlawful. The Electoral Court has dismissed the ANC’s application.
Judgment
Delivering a unanimous judgment yesterday, Judge Lebogang Modiba of the Electoral Court, sitting in the Gauteng High Court in Johannesburg, ruled that the ANC’s complaints lacked any merit, was not urgent and that the court did not have any jurisdiction to hear the case.
“The ANC failed to explain why the decision was taken for its next court action. The ANC should have instituted these court actions within three days of the MK party’s registrations.
“The application is dismissed, with no order as to costs,” Modiba ruled.
Modiba said the ANC had two opportunities to object and that the party had itself to blame for failing to challenge the registration of the MK party.
“The ANC’s appeal on September 7 does not justify the delay in bringing its present application.”
The ANC has postponed a media briefing following the judgement by the Electoral Court after the party intially said it would address journalists at 1pm.
During arguments last week, MK’s legal team consisting of Advocate Dali Mpofu and Advocate Muzi Sikhakhane argued that the ANC approaching the court over its registration was a result of Zuma’s support for the party.
Mpofu argued the ANC ‘woke up out of that slumber’ when Zuma announced that he would campaign for the MK party.
“The only thing that made them wake up from their slumber was the announcement on December 16 by former President Jacob Zuma that he would vote and campaign for the MK party.”
Zuma, who is the MK party’s presidential candidate, was suspended by the ANC in January.
In its court papers filed in January this year, the ANC claimed the decision taken by the IEC Deputy Chief Electoral Officer Mawethu Mosery to register the MK party was irregular.
The ANC told the Electoral Court, sitting in Bloemfontein last week, that if the MK party is allowed to contest elections, it would be a threat to free and fair elections.
The judgment comes a day before the ANC and MK party lock horns in the KwaZulu-Natal High Court in Durban over the MK party’s alleged copyright infringement.