Johnathan Paoli
THE ANC has officially announced its cognisance of the decision by the Electoral Court on Wednesday to dismiss its application on the registration of the MK Party (MKP).
The ruling party said in a statement on Wednesday that it reiterated its support for the rule of law and the integrity of legal institutions and the legal principle of equality before the law.
ANC spokesperson Mahlengi Bhengu-Motsiri said that over the course of this matter, there has been much speculation, misinformation and baseless theories about the ANC’s position and role.
Bhengu-Motsiri said the party welcomed this opportunity to set out the reasons for the ANC’s case.
According to the party, late last year, the MKP launched an application to be registered as a political party that is fit and proper to contest elections.
As per the requirements of the Electoral Act, the IEC published the MKP application and invited the public to submit objections, if there were any.
Subsequently, for a variety of valid legal reasons, the application was rejected by the IEC.
“In rejecting the application, the IEC invited the MKP to file a new application, if they so desired. The MKP thereafter launched a new application. However, contrary to the requirements of the Electoral Act, the IEC failed to advertise the new application, and proceeded instead to consider the new application,” the spokesperson said.
However, the court found that there is no law suggesting the IEC is prohibited from allowing political parties to supplement applications, even if they were initially rejected.
Judge Leicester Adams dealt with the merits of the ANC vs MK Party matter and said there was no need for a new application.
Judge Lebogang Modiba said the ANC’s application to impinge uMkhonto weSizwe’s registration as a political party did not meet the requirements for condemnation.
The court found other parties had previously supplemented their applications and dismissed the ANC’s contention that the rejection of the application meant that the MK party had to start the process afresh.
The ANC held that among the fundamental issues it raised in court included whether the Electoral Court was the proper court to consider the application brought before it by the ANC; whether the court should issue a temporary injunction that would prevent the IEC to deal with the MKP as bona fide registered political party; and whether to convene a full hearing on the merits to determine whether the MKP was properly registered by the IEC.
“The ANC upholds the principles of justice and legality. We are not opposed to the party’s presence on the ballot, provided the registration process conducted by the IEC was in accordance with the law,” Bhengu-Motsiri said.
However, the ANC said it strongly objects to the use of our Umkhonto we Sizwe (MK) logo and name by this party, and will be addressing this issue in the High Court in Durban, KwaZulu-Natal tomorrow.
“The MK logo and name is the heritage and intellectual property of the ANC, we will not allow counter-revolutionaries to hijack our movement for their personal gain,” she said.
The MK party has welcomed the judgement, with party spokesperson Nhlamulo Ndhlela saying this judgement vindicated their contention that this litigation was politically motivated.
MK party founder Jabulani Khumalo welcomed the decision, saying the court application showed the ANC felt threatened in the upcoming elections.
MK party Treasurer-General Lebo Moepeng said he wishes the ANC had the same attitude towards fighting for the plight of the African child as they have towards trying to fight uMkhonto weSizwe.
Tomorrow the civil case about copyright law and the use of the logo and trademark of MK by both parties will be aired in the high court in Durban on Wednesday.
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