More legal woes as court fines and disqualifies candidates
Lawyers representing the electoral court have written to the MK party informing it that the court has decided to bar the controversial Visvin Gopal Reddy and Bonginkosi Khanyile from the list of candidates in the elections. Both candidates have been given hefty fines for their public utterances.
The electoral court oversees the Electoral Commission of South Africa and the conduct of the elections, ensuring that processes are in line with the Constitution.
The electoral court legal papers, which Daily Maverick has seen, also stated that Reddy and Khanyile are ordered to pay R200,000 each for violating the Electoral Act by, among other things, “compelling or unlawfully persuading any persons not to vote”.
Reddy, ninth on the MK party list for the National Assembly, is facing a charge of inciting violence. On 3 April, he appeared in the Chatsworth magistrates’ court. The matter will be heard by the Durban High Court on 14 June.
The charge stems from a video clip that went viral on social media, in which Reddy threatened violence if the MK party or its leader and presidential candidate, former president Jacob Zuma, was removed from the ballot because of Zuma’s imprisonment for contempt of court.
Although Khanyile, who is also on the MK party list for the National Assembly, has not been formally charged, he was dismissed by the party from his position as the interim leader of its youth wing last month.
That was shortly after he made inflammatory statements that the country would go up in flames if Zuma was not allowed to be on the MK party list as the presidential candidate or if the party was not allowed take part in the 29 May poll.
Now this statement is the basis of his barring from the election list and the associated fine.
Attempts to reach Khanyile for comment were unsuccessful.
Reddy has confirmed to Daily Maverick that he received a letter from lawyers representing the electoral court informing him that he is not eligible to be on the candidate list and is ordered to pay R200,000 for violating electoral laws.
“This matter is now in the hands of the court as our lawyers are responding to them,” he said.
Jessica Panday, Reddy’s spokesperson, said they believed the objection had been lodged by a former ANC Kwazulu-natal provincial executive member, Ravi Pillay. The ANC and the MK party are also listed as co-respondents in the matter.
“We are not surprised that the ANC lodged this matter against Reddy and Khanyile,” Panday said. “The ANC is running scared because they are fearful of losing power. They are now running to courts and bodies like the [electoral court] to disqualify their opponents.”
Nqobile Zungu, a Durban attorney, said he had been instructed to defend the MK party, Reddy and Khanyile.
“At this stage we don’t know when or whether this matter will end up in court. The final decision about the eligibility of Mr Khanyile and Mr Reddy to be included in the list will be taken by the court, if this matter ends up there,” Zungu said, before referring other questions to the MK party.
Attempts to get comment from MK party spokesperson Nhlamulo Ndhlela were unsuccessful.
This is just the latest of the legal twists and court cases facing the MK party since its formation a few months ago. Some of them are listed in the timeline on these pages.