The African National Congress (ANC) will haul the Electoral Commission (IEC) to the Electoral Court tomorrow over the registration of the uMkhonto we Sizwe (MK) party, contending that it was unlawful for the MK party to be registered on a “supplemented” application.
If successful in reviewing the registration, the newly-formed political party which is endorsed by former ANC President Jacob Zuma will not appear on the 2024 ballot.
The governing party will take the registration of the newly-formed political party to the doorstep of the Electoral Court, aiming to convince the specialist bench that the Commission’s Deputy Chief Electoral Officer erred and failed to comply with the law, when he considered a “supplemented” application by the MK party and thereafter, registered it as a political party on September 7, 2023.
“The existence of a growing practice by the Electoral Commission to permit registration applications to be supplemented is an urgent matter that requires this Court’s intervention. If this Court does not urgently intervene, the Electoral Commission’s unlawful conduct will continue, and its decision-making will be at risk of becoming arbitrary,” the ANC submits in its Heads of Arguments.
The MK party, which continues to dominate headlines, is expected to contest the 2024 general elections amid a changing political climate, which has seen this new party gain ground in what is expected to be a watershed moment as the country marks thirty years of democracy.
The ANC, through its review application, risks the party’s ambitions of appearing on the 2024 ballot, if successful.
The MK party, however, submits in papers that its registration is lawful. It argues that the ANC’s attempt to label the IEC’s August 2023 letter to assist the party to register as a “rejection”, which compelled the MK party to submit a fresh application, is an erroneous interpretation.
“It is submitted that the letter was simply an effort by the Commission to assist the parties to register. It is this broad understanding of the letter that is consistent with the right to form a political party. The ANC’s interpretation seeks to interpret the statute and letter in a manner that seeks to limit this fundamental right. To do so would breach section 39(2) of the Constitution,” the MK submitted in papers.
As the court battle draws closer, party members have issued subtle threats if they were barred from contesting the 2024 general elections.
“Remove MK from the ballot, remove Zuma from the ballot (and) there won’t be elections in this country, we are saying that in confidence because we have numbers on our side and we are fearless, for these elections to be free and fair, to have uMkhonto we Sizwe and Zuma as our choice, we are prepared to lay down our lives,” MK Youth Interim Leader, Bonginkosi Khanyile charged during a media briefing in Johannesburg last Wednesday.
Meanwhile, the IEC has filed what it terms “a comprehensive and candid account of the facts” before the court, submitting that the ANC’s review application suffers from several defects before the court.
“The matter between MK, the ANC, regarding the registration of the party, we are in the hands of the court. We have said all that we needed to say in terms of our filing in the court,” IEC Chief Electoral Officer Sy Mamabolo said.
Elections will be held on May 29, 2024.
VIDEO: Youth wing bemoans exclusion from elections list:
