Reading Time: 2 minutes
Counsel representing the Umkhonto Wesizwe (MK) party has argued that the African National Congress (ANC) cannot approach the Electoral Court directly without exhausting the mechanisms available to it through the Electoral Commission of South Africa (IEC).
Advocate Dali Mpofu has argued before the court that the ANC used the statutory appeal mechanisms provided for in the Electoral Commission Act when it appealed the decision by the IEC to register the MK party on grounds that the name would confuse voters as it has close and historical ties with the governing party.
He is arguing before the court in a case in which the ANC is challenging the registration of the party on the basis that the Deputy Chief Electoral Officer, Mawethu Mosery, considered the MK party’s supplementary application.
Mpofu says the ANC cannot adopt a different approach.
“If the ANC not only understood but implemented the structure of the act that you cannot run straight to court, you have to go via the commission as the statutory appeal mechanism which is what they did in relation to the trademarks issue then on what basis is another complaint about registration which simply happens to be on another ground, suddenly you have a different approach. now suddenly you have to jump straight to court. it cannot be.”
Video: 2024 Elections – What is at stake as ANC takes IEC to Electoral Court over MK party’s registration?
Mpofu accuses the governing party of failing to act on the November decision by the IEC to dismiss the ANC’s appeal against the registration of the Umkhonto Wesizwe party.
Mpofu claims that the only reason the ANC is launching a court application belatedly is upon hearing that former ANC President Jacob Zuma would lead the new party.
“The only thing that made them wake up from their slumber was the announcement on the 16th of December by former president [Jacob] Zuma that he would vote and campaign for the MK party. It’s logical and it’s completely inexplicable. What’s inexplicable is their refusal and failure to come clean with the court and explain why they waited for so many months.”
