Rédaction Africa Links 24 with Des Erasmus
Published on 2024-03-26 08:43:20
The Electoral Court has made a decision regarding the ANC’s application to remove the uMkhonto we Sizwe Party from the ballot for the upcoming national and provincial elections on 29 May. The court dismissed the ANC’s application, allowing the party led by former ANC president Jacob Zuma to participate in the elections. However, there will be a second challenge to the party’s use of the name MK in the Pietermaritzburg High Court.
The court ruled that the ANC had missed the opportunity to object to the registration of the new party last year, as provided by the Electoral Act. Therefore, the ANC was deemed responsible for failing to take action at the appropriate time. Despite the ANC’s attempt to submit late objections, the court rejected this and ruled that the ANC did not have the standing to bring the application.
The decision by the court was seen as a significant victory for the new party and its supporters. Jabulani Khumalo, the founder of the party, expressed confidence that the party would be on the ballot for the elections. He stated that they would be voting for Jacob Zuma on 29 May and that Zuma would form his cabinet on 1 June.
In delivering the judgment, Justice Lebogang Modiba highlighted the ANC’s failure to object to the registration of the MK party in a timely manner. Despite blaming the delay on the festive season, the ANC had missed previous opportunities to challenge the registration. The court found that the ANC’s delays in taking action were not justified, and it had lost its legal standing to challenge the party’s presence on the ballot.
The court also addressed the ANC’s argument that the registration of MK undermined its rights. It ruled that the registration of MK was done lawfully and that there was no regulation requiring a fresh application. The court interpreted the Electoral Act in a way that favored the formation and registration of a party, rather than hindering it.
The battle between MK and the ANC now shifts to the KwaZulu-Natal high court, where the ANC has applied to prevent Zuma’s party from using its intellectual property. This matter will be heard on Wednesday.
Overall, the court’s decision allows the uMkhonto we Sizwe Party to participate in the upcoming elections, providing a boost to the new party and its supporters. The legal battle between the ANC and the MK party continues, with further developments expected in the coming days.
Read the original article on Mail & Guardian
