MK tried to undermine 2024 elections — now it must pay the price in court

This case has its basis in the unfounded claims by MK that the May elections were rigged. While the MK leader, former president Jacob Zuma, had made the unfounded claims many times that the Electoral Commission of SA (IEC) was biased, or that votes had been stolen, it was the legal case instituted before the Electoral Court that changed the game.

First, the IEC disputed the claims and, correctly, told the court there was no evidence of this.

MK provided what it said was evidence, but no facts that bear scrutiny. (The “evidence” included a document purporting to be a technical report by an IT expert; the expert was never named, which is a requirement in court documents.)

Then the party said it was going to withdraw the case despite “mounting evidence” that it was correct. It said it would reinstitute its application at a later stage.

It has given no more details than this, and while it keeps claiming to have evidence, it has made none of this public.

Under normal circumstances, an organisation being taken to court would welcome the withdrawal of the case against it. But, as the IEC has pointed out, that would leave MK’s claims hanging in the air. As a result, the IEC has refused to allow MK to withdraw the case.

This is a brave and important stance.

The IEC’s leadership has clearly decided that this is a good opportunity to make a crucial point: if you accuse the IEC of wrongdoing in court, you must prove it, or there must be a finding that your claims were lies in the first place.

Zuma miscalculated here.

While the case might have been brought by MK on the presumption that it would create a few headlines and media coverage, and could then be quietly withdrawn, Zuma misunderstood the stakes for the IEC’s leadership.

The reputation of the commission is at stake — and with it, the ability of the IEC to hold elections.

In short, for election results to have legitimacy, the IEC must have legitimacy, and the IEC is duty-bound to protect that legitimacy.

It’s personal

“Declining circulations mean newspapers today offer only a pastiche of popular opinion; broadcasters reach far fewer people than they once did; deranged TikTok videos will determine the next election as much as what leads the evening news. While there was once a discernible set of narratives, whether positive or negative, there is now chaos.”