The Constitutional Court has dismissed, without a hearing, a court application brought by Jabulani Khumalo in his bid to reclaim the Umkhonto Wesizwe Party (MKP) from former President Jacob Zuma.
Khumalo launched the urgent case in August this year, asking the court to reinstate him as the rightful leader of the party as he was fraudulently removed using a letter dated 9 April 2024.
He approached the court to seek: “The annulment of the fraudulent resignation of the first applicant [Khumalo] and secondment of the fourth respondent [Zuma] as the leader and president of the third respondent [MKP] dated 09 April 2024.
“To declare the fraudulent resignation of the first applicant and the secondment of the fourth respondent as a leader and president of the third respondent dated 09 April 2024 unlawful and invalid.
“To declare the expulsion of the first applicant from the third respondent by the third and fourth respondents dated 25 April 2024 invalid and unlawful.”
Khumalo said in the court papers that were seen by Sunday World.
Further demands
He also wanted the court to direct the Independent Electoral Commission (IEC) to allow him to run the party and make all decisions as its rightful leader.
Furthermore, he also wanted Nhlakanipho Khumalo to be reinstated as the secretary-general of the MK Party and Bhekizenzo Manzini as the party’s treasurer-general, and that the court should direct the IEC to recognise them as such.
In April 2024, just weeks before the elections, the MK Party expelled Khumalo due to allegations of his clandestine involvement with some ANC leaders.
After reviewing his papers, the apex court stated that no case had been made and penalized him with a cost order.
“The Constitutional Court has considered the application for direct access. It has concluded that no case has been made out for direct access. Consequently, direct access must be refused with costs.
“Furthermore, in relation to the first applicant, the application is in part a disguised attempt to pursue a direct appeal against the judgment of the Electoral Court delivered on 21 June 2024.
“Such application is out of time, no condonation has been sought, and no case has been made out for a direct appeal. Consequently, leave to appeal must be refused with costs,” the apex court ruled.
