Rédaction Africa Links 24 with Queenin Masuabi
Published on 2024-03-19 22:10:15
The Judges sitting in the Electoral Court at the Supreme Court of Appeal in Bloemfontein recently heard arguments about the registration of the uMkhonto Wesizwe (MK) party and whether proper processes were followed in recognizing the party by the Electoral Commission of SA (IEC).
Advocates Dali Mpofu SC and Muzi Sikhakhane SC represented MK, which was officially registered in September 2023 after the IEC initially rejected its application due to suspected fraudulent signatures. The ANC did not object to MK’s registration within the specified time frame.
Mpofu argued that the ANC was abusing the court system by delaying its objection, which he claimed was a self-created delay that could have been avoided if the governing party had acted in a timely manner. The ANC sought condonation for its late submission, stating that they were seeking legal advice before taking action.
The ANC’s late objection came after the party learned that former ANC leader Jacob Zuma was supporting MK. Mpofu contended that since MK’s registration was decided by the Chief Electoral Officer and not the IEC, the ANC’s jurisdiction argument was invalid.
The arguments in court focused on the IEC’s rejection of MK’s application in August and the subsequent registration in September. The IEC had initially rejected the application due to suspected fraudulent signatures and asked for a fresh application. MK choose to supplement the original application instead of submitting a new one.
The ANC’s representative emphasized that the IEC had rejected MK’s application because it lacked required documentation. The ANC failed to make a case for the condonation of their late objection, with the IEC arguing that it was not in the interest of justice.
The matter regarding MK’s alleged infringement of the ANC’s disbanded paramilitary wing, Umkhonto weSizwe, will be heard in the upcoming weeks. Judgment on the registration issue was reserved by the court.
Overall, the court proceedings highlighted the complexities of party registration processes and the importance of following proper procedures. The outcome of this case could have implications for future party registrations and the legal considerations surrounding them.
Read the original article on Daily Maverick
