ANC deregistration case against MK ‘holds no water’
• IEC cannot stop parties supplementing applications
The ANC has lost its case in the electoral court seeking the deregistration of the newly launched uMkhonto weSizwe (MK) party.
The court on Tuesday dismissed its case, saying the governing party has not made a case why the Jacob Zuma-led party should be deregistered.
It found the ANC’s contention that the Electoral Commission of SA (IEC) broke the law by allowing the MK party to supplement its already rejected application “holds no water”.
There is no law suggesting the IEC is prohibited from allowing political parties to supplement applications, even if they were initially rejected.
The court found other parties had previously supplemented their applications.
It dismissed the ANC’s contention that the rejection of the application meant that the MK party had to start the process afresh.
The court ruled that its reading of the Electoral Act was that as long as there was an application before the CEO, he should register the political party.
“The ANC contention that because the section makes no reference to supplementation, an application cannot be supplemented holds no water,” the court said.
The court said the manner in which applications were submitted was not prescribed in section 15 of the regulations.
“Importantly, the section does not require an applicant to comply fully at the first go. As regards in context, there was no need for an applicant, after an application for registration is rejected by the electoral commission, to commence the whole process afresh,” the court said.
The ANC is on Tuesday expected to react to the judgment and announce its way forward.
On Wednesday the party will begin the second part of its opposition to the registration of the MK party, where it challenges that the logos used by the party belong to the ANC.