The ANC had wanted the Electoral Court to declare the MK Party’s registration unlawful. Picture: Doctor Ngcobo
The ANC has failed to convince the electoral court of the legal grounds for the IEC to de-register the uMkhonto weSizwe party.
Following a 24-hour delay in the announcement of the judgement which was meant to be delivered electronically on Monday, the Electoral Court on Tuesday said that there was nothing unlawful about the IEC’s registration of the MK Party.
The ANC had wanted the Electoral Court to declare the MK Party’s registration unlawful.
The judgment by the Supreme Court of Appeal Electoral Court in Bloemfontein, Free State, was moved to Tuesday to be handed down by the Gauteng High Court, Johannesburg.
However, the application was dismissed with Judge Lebogang Modiba stating that the court had found no basis for the ruling party’s application.
“We find there is nothing unlawful about registration of MK Party by the deputy chief electoral officer,” said the court, adding that the ANC had failed on two occasions to challenge the registration of MK last year.
Ahead of the judgement, spokesperson for the MK party, Nhlamulo Ndlela, had indicated that the party would be vindicated by the Electoral Court, saying its legal representatives had presented solid arguments before the Supreme Court of Appeal Electoral Court in Bloemfontein.
“This postponement raises flags, quite honestly. They sent an email on Friday giving us the date and time of the announcement. When asked what is the delay, they are not saying. I guess we have to wait and we will take it from there. Clearly we are at their mercy,” he said on Monday.
Judge Modiba indicated that the ANC had three days to challenge the registration of the MK Party, adding that the if the ANC’s relief was granted, it would be too late for the MK Party to be de-registered.
“The impugned the decision was made on September 7, 2023, it brought the application in January 2024. “The ANC’s explanation is irrational because it does justify the delay. It is irrelevant it became aware of the letter in January 2024,” she said.
The war between the two parties is not over yet. Tomorrow morning, the two parties will be engaged in yet another legal tussle at the Durban High Court, where the ANC contends that the MK Party’s use of the name and logo infringes on its trademark, claiming ownership over these materials including those of its disbanded military wing, belonged to it.
The Star
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