Johnathan Paoli
The Electoral court has officially given the MK party the go-ahead to contest the 2024 National General Elections, by rejecting the ANC’s application to have the new party deregistered over what it contended were procedural irregularities.
Judge Lebogang Modiba said the ruling party had no basis for its accusations and the application was dismissed.
“We find there is nothing unlawful about the registration of the 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,” Modiba said.
Modiba said that even in a scenario of the ANC winning, it would result in MK being too late to deregister considering all the preparation that has been done, and the failure of the ruling party to oppose the registration when they had the opportunity to do so.
The case was heard on Monday, but the court informed the parties of its intention to reserve judgement for Tuesday morning, with many speculating over the reasons.
In their court papers filed in January this year, the ANC claimed the decision taken by the Electoral Commission of South Africa (IEC) deputy chief electoral officer Mawethu Mosery to register the MK party was irregular.
The ANC argued that the MK party erred when it failed to submit a “fresh” application and instead “supplemented” an application that the IEC had already rejected.
ANC Advocate Sesi Baloyi said the commission already rejected an application and did not have the authority to invite the MK party to supplement its application.
Last week, MK’s legal team consisting of Dali Mpofu and Muzi Sikhakhane argued that the ANC approaching the court over its registration was a result of Zuma’s support for the party.
“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 said.
A separate case concerning the logo and trademark between the two parties is expected to be heard by the KZN High court in Durban on Wednesday.
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