The Constitutional Court has approved an extension for former President Jacob Zuma and the uMkhonto weSizwe party to submit their documents by the end of April.
Extension granted for Zuma and MK
The Constitutional Court has given former President Jacob Zuma and his uMkhonto weSizwe party an extension until the following Tuesday to submit their responding affidavits in the case brought by the IEC challenging the Electoral Court’s ruling concerning Zuma’s eligibility to participate in the elections.
According to BusinessLive, the deputy chief justice issued these directions on Thursday in response to a request for an extension made by the legal representatives of Zuma and the party on Wednesday.
This request came after Tuesday’s apex court’s directions, instructing them to submit the affidavits by Thursday.
In a letter addressed to the court on Wednesday, Zungu Incorporated, the law firm representing Zuma and the MK Party, expressed that the timeframe provided for their response could have been more timely.
They mentioned that they had only established contact with their clients and legal counsel on Wednesday morning.
“The legal representatives were unfortunately engaged in other matters, and with the elections around the corner, the clients were spread out across the country campaigning for votes. It, therefore, seems like we will only be able to consult and receive instructions over the coming weekend,” the letter read.
The directions issued on Thursday stated that additional instructions might be forthcoming.
The Electoral Commission lodged an appeal with the Constitutional Court on 11 April against the Electoral Court’s ruling, even without acquiring the reasons behind its contested decision.
The IEC asserted that its application introduced significant and novel constitutional issues and couldn’t afford to await the court’s rationale.
ANC’s determination: Appeals MK ruling despite legal setback
The ANC has pledged to contest the Durban High Court’s ruling from Monday, which granted permission to the uMkhonto weSizwe Party (MKP) to retain the name and emblem of the ruling party’s former liberation-era military unit.
The ANC pursued an urgent court application, asserting its name and logo ownership.
According to IOL,still, Judge Mahendra Chetty dismissed the ANC’s claim, citing the party’s failure to challenge the matter when the MK party was initially registered.
Additionally, Judge Chetty determined that the application lacked urgency and suggested that the ANC should have pursued the matter through the Electoral Court rather than the High Court.
He clarified that the section of the Trade Marks Act, on which the ANC relied, necessitated demonstrating that the MKP had utilised a mark confusingly similar to that which the proprietor had registered for identical goods.
Judge Chetty asserted that even if the ANC opted to employ its registered mark on the ballot, the unique background utilised by the MKP would be adequate for voters to differentiate between the two.
Furthermore, the Electoral Commission of South Africa (IEC) had previously concluded that the MKP symbol would not mislead or confuse voters.
According to the Daily Maverick, a recent survey indicates that ANC’s foreign policy and perceived weak leadership are causing a decline in voter support, while the DA and Jacob Zuma’s MK party are experiencing notable gains just two months ahead of the election.
A nationwide voter survey by The Brenthurst Foundation revealed that support for the ANC has dropped to 39%, raising the likelihood of a coalition government following the general election on 29 May.
CLICK HERE TO READ MORE ARTICLES BY KHANYA MAVATA
