MK party’s election challenge to be argued at Electoral Court despite withdrawal bid

Vuyo Zungula (ATM Leader) during the ATM Hosting of a Manifesto Rally at Jabulani Amphitheatre on March 24, 2024 in Soweto, South Africa. The rally is a unique opportunity for community members to come together, engage in meaningful discussions, listen to inspiring speeches, and gain a deeper understanding of ATMís vision for a transformed government.( Photo: Gallo Images / Fani Mahuntsi)

By Velani Ludidi

16 Jul 2024

MK’s court bid to set aside the 2024 election results will be argued before the Electoral Court, despite the party’s attempts to withdraw it.

The case by the uMkhonto Wesizwe (MK) party to set aside the recent election results will be argued before the Electoral Court despite the party’s efforts to withdraw it. On Monday, 15 July the court issued a notice saying the party’s application is scheduled for a virtual hearing on 29 July.

The notice also states that “if the application is not to be proceeded with, kindly notify this office”.

Details remain scarce on whether the court has considered MK’s request to withdraw the case. The initial proceedings are likely to address whether the Electoral Commission of South Africa (IEC) is entitled to proceed with the case following the withdrawal attempt. The court may also decide to hear the main dispute.

Read more: MK party’s vote-rigging case against IEC is strong on theatrics but weak on evidence, say legal experts

The IEC pushed for the case to continue, citing “serious allegations” about the election’s credibility. On 5 July, the IEC asked the court to proceed with the case. The commission’s attorney, Moeti Kanyane, emphasised the need for a public airing of the matter to reach a final decision and to defend the IEC’s integrity.

Former president Jacob Zuma and MK spokesperson Nhlamulo Ndhlela during the urgent application to invalidate Zuma as leader of the party at the Electoral Court in Johannesburg on 3 June 2024. (Photo: Gallo Images / Luba Lesolle)

“It is an absolute imperative that the matter is ventilated publicly and a final decision be made by the Electoral Court, at the least to confirm whether the allegations against the commission were made vexatiously and without just cause,” he said.

Kanyane further pointed out that the MK party’s withdrawal was irregular because it had not offered to pay the litigation costs and had not sought court permission to withdraw the action.

MK – Jacob Zuma’s breakaway party – has accused the IEC of failing to ensure a free and fair election, alleging vote rigging in the national and provincial elections. The party has called for new elections, claiming nine million votes had gone missing since the 29 May polls. Their dissatisfaction led to a boycott of the first sitting of Parliament, with MK members being sworn in later.

Read more: Zuma’s MK party insists it will pursue new vote-rigging case after withdrawal from Electoral Court

When announcing the withdrawal of the case, MK spokesperson Nhlamulo Ndhlela claimed: “The withdrawal is in no way an indication that we do not have a compelling case for the orders we seek. As the MK party, we are resolute and will be filing papers as per the answering affidavit that brought about further evidence that strengthens our case against the IEC.”

Read more: The mixed forces behind Zuma’s MK party – fed up ANC members, taxi industry, tenderpreneurs, ex-fighters

In a related development, the African Transformation Movement (ATM) is also pursuing a case of alleged vote rigging. Like the MK party, ATM has yet to provide compelling evidence. It has failed to comply with section 55 of the Electoral Act, which requires any party challenging election results to object to any material aspect of the vote’s final result.

ATM leader Vuyo Zungula during a manifesto rally at the Jabulani Amphitheatre in Soweto on 24 March 2024. (Photo: Gallo Images / Fani Mahuntsi)

Leader Vuyo Zungula claimed in court papers most of the ATM’s supporters could not cast their ballots, and that the problems that prevented them from doing so were so fundamental that it suggested the IEC was not capable of conducting free and fair elections.

The party further argued that inaccuracies in the voters’ roll could lead to a constitutional crisis with far-reaching implications. “It may in another way affect the freeness and fairness of the elections,” it said. “In another way, it affects the election credibility and affects voter confidence.”

The party further claims were discrepancies in ballot boxes and alleges that the ATM was disadvantaged by deliberate “mis-capture or non-capture” of its results by commission officials. The ATM contends that this process was intentional, giving some political parties an unfair advantage.

“The main concern of the ATM is the effect of this problem. If inaccuracies on the voters’ roll are left unabated, it may lead to a constitutional crisis with far-reaching implications,” argued the party. DM

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