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Mpofu argues ANC only went to court after Zuma announced his support for MK party
Mpofu says the ANC had reconciled with the idea of uMkhonto weSizwe being a political party.
Advocate Dali Mpofu at the Western Cape High Court in Cape Town on 11 December 2023. Picture: Gallo Images/Brenton Geach
The legal team of the uMkhonto weSizwe (MK) party says the African National Congress (ANC) approaching the court over its registration is a result of former president Jacob Zuma supporting the party.
On Tuesday, the Electoral Court, sitting in Bloemfontein, heard the ANC’s application which seeks to have the MK party’s registration as a political party reviewed and declared unlawful.
MK party registration
In their court papers filed in January this year, the ANC claimed the decision taken by Electoral Commission of South Africa (IEC) deputy chief electoral officer (CEO) Mawethu Mosery to register the MK party was irregular.
The MK party submitted its registration application on 1 June 2023, but was rejected by the IEC.
Mosery, in a letter written to the MK party on 4 August, explained that the application was refused due to the voter signatures submitted by the party appearing to be fraudulent.
ALSO READ: ANC threatens to go to high court if decision on MK party registration doesn’t go its way
The MK party later corrected this and supplemented their application, which was signed off by Mosery on 7 September.
The ANC, however, argued the process was flawed because the MK did not submit a new application.
The ruling party raised an objection to the IEC on 20 September, nine days after learning of the MK party’s registration.
The IEC subsequently dismissed the ANC’s appeal to set aside Mosery’s decision.
Electoral Court jurisdiction
During proceedings, IEC’s counsel Advocate Terry Motau argued that the ANC failed to challenge the registration of the MK party in the Electoral Court in time so there was no jurisdiction.
Motau said the ANC unsuccessfully appealed with the IEC.
According to the lawyer, this should have been the end of the matter.
“Having engaged the Electoral Commission’s appeal jurisdiction, it is not for the ANC to ignore the decision of that process that it followed. It cannot be correct and be permitted that once faced with that decision, a party would then elect that it is not going to impugn that decision,” the advocate argued.
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Motau said there was no credible explanation by the ANC regarding jurisdiction.
“If its argument was correct that it could invoke this court’s jurisdiction upon learning of the deputy chief officer’s decision by the 11th of September, it did not do so. It only did so, in terms of our calculation, 117 calendar days later. There cannot be the prospects of success.”
The advocate warned that the court should not open “floodgates” by making a ruling that will encourage other parties not to do their due diligence.
He added that the urgency of the ruling party’s application was “self-created”.
ANC’s case ‘a desperate political reaction’
Meanwhile, MK party’s legal team, consisting of Advocate Dali Mpofu and Advocate Muzi Sikhakhane, told the court that “we would not be here” if the ANC’s appeal with the IEC succeeded.
“The only reason is that they failed in that appeal, which a decision was given on the 24th of November,” Mpofu argued.
Mpofu also emphasised that the ANC did not approach the Electoral Court within the prescribed time.
“Once it failed to do so then it made an election to challenge the decision of the commission by coming here and the implications of making that election are far reaching because it meant it accepted the dismissal of its case,” the advocate said.
READ MORE: MK party warns of ‘anarchy and civil war’ if not allowed to contest elections
He asserted that the ANC had come to terms with the existence of the MK party.
“The ANC did accept that outcome, they had reconciled themselves with the idea of the uMkhonto weSizwe party being registered in South Africa. So what changed?
“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,” Mpofu argued.
Mpofu said it was inexplicable that the ANC was refusing to “come clean with the court” and explain why it took them so long to address this issue.
“This application is merely a desperate political reaction,” he said, adding that the ANC’s case was an abuse of court processes.
Watch the court case below:
Mpofu stressed that the ANC’s explanation that it didn’t appeal the IEC’s decision because of the festive season was an “unintelligible thing”.
“Suddenly, they tell us literal stories about the festive season,” he continued.
The advocate further argued that the Electoral Court was essentially being asked by the ANC to “condone the lateness which has not been explained by anybody”.
Mpofu emphasised that the court had no jurisdiction to hear the ANC’s case.
He added that the decision by the IEC’s deputy CEO to register the MK party was “not reviewable by this court”.
The ANC’s legal team earlier conceded that the governing party did not object to the MK party’s registration in time.
The Electoral Court has reserved its judgment.
ANC vs Zuma
The ANC has been at odds with Zuma since he announced that he would be campaigning for the MK party in this year’s provincial and national elections.
Zuma, who is the MK party’s presidential candidate, was subsequently suspended by the ANC in January.
Additionally, the ANC has argued that the logo of the MK party bears resemblance to the emblem of the ruling party’s former military wing, uMkhonto weSizwe, which was dissolved in 1993.
The logo and trademark dispute is a separate case and will reportedly be heard by the KwaZulu-Natal (KZN) High Court in Durban on 27 March.
ANC secretary-general Fikile Mbalula has defended his party’s litigation, accusing the MK of theft.
