The African National Congress (ANC) has recently applied to the electoral court to review and declare unlawful the registration of former President Jacob Zuma’s Umkhonto Wesizwe (MK) party as a political party.
The ANC and Zuma’s new political home, the MK party, presented their arguments in the electoral court in Bloemfontein last week. The court is set to hand down its judgment on Monday.
In their court papers filed in January, the African National Congress claimed that 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 registration should be reviewed and declared unlawful.
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The MK party’s legal team, consisting of Advocate Dali Mpofu and Advocate Muzi Sikhakhane, argued that the ANC’s application to the court was a result of Zuma’s support for the party.
Mpofu stated that the ANC only took action when Zuma announced his intention to campaign for the MK party. He accused the ANC of negligence, claiming that they did not object to the MK party’s registration in time, as required by law.
Mpofu further argued that the ANC’s motive was to obtain a banning order against the MK party and disenfranchise millions of voters. He claimed that the ANC’s case was an abuse of court processes and a desperate political reaction.
Mpofu also raised concerns about the ANC’s allegations that the MK party may have violated electoral laws regarding the submission of fraudulent signatures during its initial application to be a political party.
The ANC, represented by Advocate Sesi Baloyi, pleaded for the court to declare the registration of the MK party as unlawful. Baloyi argued that the MK party erred by supplementing its rejected application instead of submitting a fresh one.
The ANC contended that the IEC did not have the power to invite the MK party to supplement its application after it had been rejected.
If successful, the ANC aims to see the MK party deregistered. ANC Secretary-General Fikile Mbalula defended his party’s litigation, accusing the MK party of theft.
The ANC has been at odds with Zuma since his announcement that he would campaign for the MK party in the upcoming provincial and national elections on May 29. As a result, Zuma was suspended by the ANC in January.
The logo and trademark dispute between the ANC and the MK party is a separate case that will reportedly be heard by the KwaZulu-Natal (KZN) High Court in Durban on March 27. The outcome of this case has significant implications for both the ANC and the MK party.
If the court rules in favour of the ANC and declares the registration of the MK party as unlawful, it could potentially lead to the party’s deregistration and exclusion from the upcoming elections. This would be a blow to Zuma’s political ambitions and his attempt to establish a new political platform.
On the other hand, if the court rules in favour of the MK party, it would legitimize their registration and allow them to participate in the elections. This could potentially disrupt the political landscape, as Zuma still holds significant influence within certain factions of the ANC and has a loyal support base.
The ANC vs MK party case is not only a legal battle but also a reflection of the broader political dynamics in South Africa. It underscores the divisions within the ANC and the challenges it faces in maintaining unity and coherence.
The ANC, as the ruling party, has been grappling with internal conflicts and allegations of corruption, which have eroded public trust and support.
Zuma’s decision to form the MK party and campaign against the ANC further exposes these divisions and highlights the discontent within certain party sections. It also raises questions about the future direction of South African politics and the potential realignment of political forces.
Regardless of the court’s decision, it is clear that the ANC and the MK party will continue to be significant players in South African politics. The outcome of this case will undoubtedly shape the political landscape and have far-reaching implications for the upcoming elections and beyond.
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