ANC challenges IEC in Electoral Court over MK Party

The stage has been set outside the the Electoral High Court in Mangaung ahead of the much-anticipated case between the ANC and former President Jacob Zuma’s Umkhonto weSizwe (MK) Party, over the use of the name ‘Umkhonto weSizwe’ and the it’s logo.

The ruling party says the MK Party did not follow due processes when it registered with the Independent Electoral Commission (IEC), it wants the court to deregister the MK Party and to stop using the name and it’s logo.

ANC DISPUTES REGISTRATION PROCEDURE BY IEC

The ANC’s legal counsel Sesi Baloyi told the Electoral Court on Tuesday morning that the party is disputing the existence of the MK Party, but the procedure that was followed to register the party.

[IN PICTURES] Today we are at the Electoral High Court in Mangaung ahead of litigation that underscores the movement’s unwavering commitment to defending Umkhonto we Sizwe (MK) as an integral part of the ANC’s 112 year liberation heritage and intellectual property rights.… pic.twitter.com/CNJFofqhe2

— ANC SECRETARY GENERAL | Fikile Mbalula (@MbalulaFikile) March 19, 2024

“It is a matter of historical record that MK was a military wing jointly formed by the ANC and the SACP, and it operated under the political direction of the ANC National Executive Committee(NEC). It is an integral part of the history and heritage of the ANC,” says Fikile Mbalula, the party’s secretary-general.

He said this litigation underscores the movement’s unwavering commitment to defending Umkhonto we Sizwe (MK) as an integral part of the ANC’s 112-year liberation heritage and intellectual property rights.

‘DEPUTY CHEIF ELECTORAL OFFICER’S PROCEDURAL FLAWS’

The ANC says the MK Party’s application for registration was initially rejected because it needed to meet the prescribed requirements. Still, it unlawfully supplemented its application instead of submitting a new one.

The ANC argues that there were procedural flaws in the way the party was registered by the Deputy Chief Electoral Officer Mawethu Mosery.

According to legal analyst Reitumetsi Phiri, the ANC needed to use the appeal mechanism to object to the registration of the MK Party when it had the opportunity to do so.

“One of the reasons that it’s going to be difficult for the ANC is that it didn’t make proper use of the appeal mechanisms and the objection mechanisms in the Electoral Commission Act.,” said Phiri, according to SABC News.

ANC DID NOT OBJECT TO REGISTRATION IN TIME, SAYS LEGAL EXPERT

He added: “It didn’t object to uMkhonto weSizwe Party’s application to be registered as a political party when it could do so. When it eventually belatedly objected, the objection was dismissed as being irregular.”

The ANC is adamant that the MK Party was supposed to launch a fresh application rather than supplement its original and initial application, which Mosery rejected.

“It also did not appeal the registration of uMkhonto weSizwe Party timeously when it should have done so, and this is particularly problematic because, in this way, it could be argued that the ANC has given up its right to challenge the registration of uMkhonto weSizwe Party as a political party,” Phiri said.

IEC SAYS THE ANC SHOULD HAVE CHALLENGED REGISTRATION

The IEC says the ANC should have challenged the registration of the MKP in time. Advocate Motau told the court that the ANC appealed, but their appeal was rejected. He says that should have been the end of the matter.

“We are faced with a case where the ANC faithfully followed the [Electoral Act],” which yielded an outcome by the IEC, which rejected the appeal.

“It cannot be correct that once faced with that decision, a party can elect that it’s not going to impugne that decision,” said Motau.