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- Former president Jacob Zuma's new political home, the uMkhonto weSizwe Party, has defeated the ANC in the first of two court battles between the parties.
- In the application, the ANC sought to have the MKP deregistered.
- News24's Manifesto Meter elections tool compares political party manifestos. Read more here.
Former ANC president Jacob Zuma's new party, the uMkhonto weSizwe Party (MKP), drew first blood in one of two court cases the ANC had lodged against it.
On Tuesday morning, the Electoral Court dismissed the ANC's application to have the MKP deregistered - a day before the parties meet in the KwaZulu-Natal High Court in Durban over the alleged copyright infringement of the uMkhonto we Sizwe brand.
The court did not make any costs order against the party.
The ANC dragged both the MKP and the Electoral Commission of South Africa (IEC) to the Electoral Court over the former's registration as a political party late last year.
However, in the one-day hearing in Bloemfontein, both the MKP and IEC argued that the ANC didn't follow IEC processes to the letter.
There, the ANC argued that the MK Party's registration was unlawful because the MK Party submitted "fraudulent" signatures in its initial application to be registered as a political party.
The ANC averred that IEC deputy CEO of Electoral Operations, Masego Sheburi, erred when he accepted the registration of the MKP with "fraudulent" signatures.
On 20 September, after the ANC found out through social media that the MKP had registered as a party, the ruling party launched an appeal against Sheburi's decision on the basis that its logo resembled the ANC's "to such an extent that it may deceive or confuse voters".
The ANC did not object to the IEC's registration of the MKP in time, and their subsequent objection was dismissed by the IEC.
The ruling party then asked the Electoral Court to rule on the matter.
The MKP and IEC opposed both the urgency and condonation relief the ANC sought in the court, and both respondents argued that the case fell outside of the jurisdiction of the Electoral Court.
In a unanimous judgment handed down in the Gauteng High Court in Johannesburg, the Electoral Court found that the ANC "couldn't successfully" use the IEC internal dispute resolution processes provided for in the Electoral Commission Act; and that the Electoral Court lacked the jurisdiction to preside over the matter.
The judges found that the Electoral Court lacked the jurisdiction to review Sheburi's 7 September 2023 decision.
"[The Electoral Court] only has jurisdiction to review the electoral commission's 24 November 2023 decision which the ANC has effectively pre-empted as it is not reviewing it for these reasons," Judge Lebogang Modiba said.
Judge Leicester Adams said the IEC, in registering the MKP, "complied with the requirements of Section 15 of the Electoral Commission Act" along with Section 16 (1) of the regulations.
"We, therefore, find that there is nothing unlawful about the registration of MKP by the DCEO (Sheburi) on 7 September 2023," Adams said.
Turning to the urgency issue, Modiba added:
Modiba said the ANC's explanation was "irrational because it doesn't come close to justifying its delay in bringing the application".
Timing
The judges found that the ANC only raised the dispute after the decision to register MKP could have a "prejudicial effect on the realisation of the political rights of the party applying for registration, particularly in a case such as this one, where the application for registration was made in 11 months".
Advocate Dali Mpofu, SC, previously argued for the MKP that the ANC was negligent and did not object to the MKP's registration in time, shooting down the party's reason not to do so due to the festive season, as unacceptable.
The judges agreed.
"[The ANC] offers no explanation why it took a further two weeks after it instructed its attorneys for the application to be instituted in any event," Modiba said.
"It ought to have instituted the present application within three days of becoming aware of the decision."
Outside court
Addressing a crowd of supporters gathered outside of court, MKP founder Jabulani Khumalo - who registered the party - said: "uMkhonto we Sizwe has to take over the leadership on 1 [June] so we can sort out the problems of our people. We can't continue being led by people who steal money that's supposed to help the people. That's why on 29 May we're voting for [Zuma]."
He said Zuma would be preparing a new cabinet on 1 June.
"The court shows that they're no longer biased. They know how to listen to people," Khumalo said.
The ANC and MKP will become embroiled in their second battle in the High Court in Durban on Wednesday morning over a logo dispute.
MKP Treasury-General Lebo Moepeng said: "We go to Durban with high confidence."
He said the ANC wasted no time in taking on the MKP in court, and added: "I wish the same attitude could've been deployed to fight the plight of the African child."
ANC's response
In a statement, ANC spokesperson Mahlengi Bhengu-Motsiri said the ruling party noted the outcome. Bhengu-Motsiri said the case was never against the MKP, but rather the IEC's decision to approve Zuma's party's registration after the ruling party became aware of the "unlawfulness" of the process.
"We are not opposed to the party's presence on the ballot, provided the registration process conducted by the IEC was in accordance with the law," the statement read.
"The ANC strongly objects to the use of our Umkhonto we Sizwe (MK) logo and name by this party, and we will be addressing this issue in the Durban High Court, KwaZulu-Natal tomorrow."
"The MK logo and name is the heritage and intellectual property of the ANC. We will not allow counterrevolutionaries to hijack our movement for their personal gain."
