The Electoral Court has ordered prominent MK Party members Visvin Reddy and Bonginkosi Khanyile to pay a fine of R150,000 each. However, the fines have been suspended for a period of five years.
In a judgement handed down on Wednesday, it was ruled that Reddy and Khanyile violated sections of the Electoral Act. This is over remarks they made in March about the registration of Jacob Zuma’s MK Party ahead of the May 29 2024 general elections.
The court said the fine is suspended for five years. This is on condition that Reddy and Khanyile do not contravene certain sections of the Electoral Act. The condition is for the duration of their suspension period. They should also not make any statements intended to undermine the integrity of any electoral process during the period of suspension.
Fines suspended for five years
“The first and second respondents are ordered to pay a fine of R150,000 each. This fine is suspended for a period of five (5) years from the date of this order… This is on conditions that the two do not contravene sections of the Electoral Act during the period of suspension.”
Khanyile and Reddy should not make any statements that are intended to undermine the integrity of any electoral process during the period of suspension.
“The counter-application is dismissed. Each party to pay its own costs,” ruled the court.
The matter was heard virtually on May 28, a day before the 2024 elections. It was heard by justice Dumisani Zondi and judge Leicester Adams. They included judge Esther Steyn and Prof Moses Retselisitsoe Phooko.
In March Reddy said: “It’s not EFF, it’s not the DA, it’s not the IFP, it’s no other party except MK. So they are trying all tricks, they are going to the courts, they want to stop MK from registering.
“But MK, please, ANC, listen, MK is uMkhonto Wesizwe. You’re talking about the military veteran’s association, which the ANC disbanded years ago. It’s not the same; you don’t have a trademark on this MK logo. So, what gives you the right to claim that MK belongs to you?
Threats of violence
“You got no chance in court. But we are sending a loud and clear message. If these courts, which are sometimes captured, if they stop MK, there will be anarchy in this country. There will be riots like you’ve never seen in this country. There will be no election. No South African will go to the polls if MK is not on the ballot.”
In March Khanyile said: “We are not scared of Cyril Ramaphosa, the [berets], and the army. Let me tell you and proclaim this comrades. If they removed the ballot of MK, they removed President Zuma as the president and our fact of the campaign. They… try to take our right which is enshrined in Chapter 2 of the Constitution. There won’t be elections in South Africa.
“There won’t be elections in South Africa. Let me repeat this so that when we are arrested, they can use it as evidence in court. Because they always use our videos. For the defence of this democracy, we are willing to lay down our lives.
“Because you can smell defeat, because you know that you are defeated, you take us into court. Because you know that Zondo is not only a spy, he is a scammer, he is fraud lawyer. He is going to want to infiltrate and change the Constitution to remove us on the ballot.
“Remove MK on the ballot, remove Zuma on the ballot, there won’t be elections. [Inaudible] Because we have numbers on our side and we are fearless. For this election to be free and fair, it will have uMkhonto Wesizwe and Zuma as our choice. We are prepared to lay down our lives,” he said.
