Inclusion of Zuma’s MKP on ballot threatens free a...

Inclusion of Zuma’s MKP on ballot threatens free and fair elections, ANC tells court

**Former president Jacob Zuma arrives at Alexandra Stadium to address supporters of uMkhonto weSizwe on 7 February 2024 in Johannesburg, South Africa. PIC: Tebogo Letsie**

BLOEMFONTEIN, News24 - The African National Congress has urged the Electoral Court sitting in Bloemfontein to declare the registration of former president Jacob Zuma’s uMkhonto weSizwe Party, irregular and unlawful, arguing that if the party is allowed to contest the upcoming general elections this could cast doubts on the fairness of the polls and potentially impact their outcome.

On Tuesday morning, the Electoral Court heard the ANC’s urgent application challenging the decision of the Electoral Commission of South Africa to register the Zuma party in September last year, after the commission initially rejected the MKP’s registration in June, citing concerns over allegedly fraudulent signatures submitted.

The ANC argued that the IEC’s deputy chief electoral officer, Masego Sheburi, erred in accepting the MKP’s registration because the party should have submitted a fresh application rather than a supplementary one.

The governing party wants the Electoral Court to review and set aside Sheburi’s decision in terms of the Electoral Act, which could potentially lead to the removal of the MKP from the ballot ahead of the May 29 national and provincial elections.

However, the MKP has argued that the ANC’s application lacks urgency, citing the party’s failure to lodge an objection within the legally mandated 14-day period when the IEC approved its registration.

The ANC’s legal battle against the MKP’s registration is not the sole case the party is pursuing in court. The KwaZulu-Natal High Court in Durban is scheduled to hear the its second case next Wednesday, contesting the alleged illegal use of a logo resembling that of its now-disbanded armed wing, uMkhonto weSizwe.

Court’s jurisdiction

Advocate Tshidiso Ramogale, acting on behalf of the ANC, argued that the Electoral Court has the jurisdiction to hear the matter surrounding the registration of the MKP on an urgent basis due to the elections being around the corner. He further countered any assertions suggesting that the ANC’s application is delayed.

Ramogale stated:

“We say on delay, we are not late and to the extent that we are, it is not unreasonable on the assessment of this court’s authority. In any event, even if we are late, it doesn’t mean the application is dismissed. You must still declare the law or conduct unconstitutional.”

Ramogale argued that the inclusion of the MKP on the ballot could jeopardise the integrity of free and fair elections.

He contended that if the court denies jurisdiction, the ANC would be compelled to seek recourse in the high court and should the high court rule in favour of the ANC after the elections, this could potentially trigger an “undesirable situation,” necessitating a revision of seat allocations in the National Assembly.

Ramogale referred to this as the “unscrambling the egg” situation.

He explained:

“The closer you get to the elections, the greater the prejudice, not only to the MK Party, but also to the very project of free and fair elections. As the court is aware, the calculation of seats in the National Assembly, is dependent on the votes of each party in relation to one another.”

“If the calculation of seats in parliament depends on how each party performs in relation to one another, if you take out the MK Party from that particular equation, the entire equation will have to start afresh. And that’s an untold consequence they should in fact try to avoid.”

In his further arguments on the jurisdiction of the Electoral Court, advocate Ramogale argued that the inclusion of the MKP on the ballot paper has “a very serious and material threat” to the elections.

“This is because there are questions regarding the legality of a party on that particular ballot and whether that party should in fact be there in the first place. And so, we say that’s not an issue that the court should turn from away; it’s the very thing that this court was established to decision; to protect free and fair elections, to protect the right to franchise, but importantly to uphold the rule of law,” he stated.

MKP's registration

Another advocate representing the ANC, Sesi Baloyi SC, argued Sheburi’s decision to accept the MKP’s “supplementary application” was unlawful and in contravention of the Electoral Act.

Advocate Baloyi explained:

“Effectively what he has done with the reconsideration of the same application, he has gone a revised his earlier this decision … He bases his decision on the very application that was rejected. He sits in a position where he reviews his own decision and reverses it. We say he is not authorised by the act to do that.”

Baloyi further argued that Sheburi does not have discretion on the registration of parties as the deputy chief electoral officer.

“If it’s suggested that he’s got an unfettered discretion, then we enter the realm of arbitrary and unregulated decisions that only the deputy electoral officer knows when and why he exercises that. It cannot be. That is an untenable proposition,” she contended.

The case continues.