Judgment reserved in MKP election case

JUDGMENT in the ANC’s application to declare Jacob Zuma’s uMkhonto weSizwe (MK) Party registration unlawful, unconstitutional and invalid has been reserved in the Supreme Court of Appeal.

This comes after the ANC and MK Party are at loggerheads over the party’s trademark, with the governing party claiming the former president’s party was stealing its legacy.

During proceedings yesterday, the MK Party’s legal council, advocate Dali Mpofu SC, argued that the ANC’s application was misconceived and should be dismissed with costs.

The MK Party’s argument was that the ANC was trying to cover up its negligence in failing to stop the party's registration. The MK Party was registered in September 2023, and grew after Zuma endorsed it.

According to one opinion poll, MK could become the third-largest party in South Africa and also push the EFF to fourth place in the May 29 election.

The ANC’s legal counsel, Sesi Baloyi, told the court that the ruling party was not in court to dispute the MK Party’s existence, but they were challenging the procedure that was followed to register it.

ANC advocate Tshidiso Ramogale urged the court to hear the matter urgently. He told the court that election day was around the corner and it needed to be certain whether or not the MK Party would be on the ballot lawfully.

The ANC previously argued that the MK Party and its logo belonged to it, and demanded it be deregistered by the Electoral Commission of South Africa (IEC).

Last week, MK Party Youth president Bonginkosi Khanyile threatened at a media briefing that “all hell would break loose” if Zuma and his party were not allowed on the ballot paper come election day in May.

“If they remove the MK Party and president Zuma from the ballot as the face of the campaign and try to take our rights, there won't be elections in South Africa,” Khanyile said.

During the briefing, he announced that MK was putting Zuma’s name forward as the party’s presidential candidate.

In December last year, Zuma announced he would vote for the MK Party and not the ANC in the upcoming elections, but maintained that he would remain an ANC member.

He said his conscience would not allow him to vote for the ANC or for President Cyril Ramaphosa.

According to Zuma, he had turned down a request from some ANC leaders who had asked him to campaign for the party in the 2024 elections.

Ramaphosa sent a stern warning ahead of the elections that those threatening violence would be arrested by law enforcement agencies.