Advocate Dali Mpofu has brought to light what he claims to be the underlying motive behind the ANC’s delayed challenge to the registration of the uMkhonto weSizwe (MK) Party.
Matter is all about ‘Zuma’s endorsement of MK Party’
Speaking at the Electoral Court in Bloemfontein on Tuesday, Mpofu asserted that the ANC’s action was directly linked to former president Jacob Zuma’s endorsement of the MK Party.
The ANC had previously contested the registration of the MK Party, arguing that it had erred in the process. According to the ANC’s court papers, the MK Party failed to correctly follow procedures. This deprived the public of an opportunity to object to its registration, it said.
The legal battle stems from the MK Party’s initial application to register as a political entity in June. The move was rejected by the Independent Electoral Commission (IEC) due to issues with the submitted signatures. However, after corrections were made, the MK Party supplemented its application in September. It was eventually registered in September 2023.
Suspended from the ruling party
Zuma’s announcement in December that he would campaign for the MK Party, rather than the ANC, added fuel to the political fire.
“We will not vote for the ANC of Cyril Ramaphosa; we will vote for Umkhonto we Sizwe,” Zuma said.
This declaration led to the ANC suspending Zuma, pending a disciplinary process. This action would take place after the elections, allowing the ANC to focus on its campaign.
Misconceived, unmeritorious
During the court proceedings, Mpofu labelled the ANC’s challenge as “misconceived” and “unmeritorious”. He suggested that it should be dismissed with punitive costs. Mpofu argued that the ANC’s attempt to overturn the MK Party’s registration was an effort to remedy its own negligence. Where it failed to object within the prescribed timelines.
Mpofu questioned the ANC’s rationale for not appealing the IEC’s decision earlier. He suggested that the party only acted after Zuma’s endorsement of the MK Party. Mpofu criticised the ANC’s explanation that the delay was due to the festive season. He called it “unintelligible”.
No jurisdiction
Furthermore, Mpofu emphasised that the court lacked jurisdiction to deal with the ANC’s case. The decision to register the MK Party was not reviewable by the court. It should have been referred back to the IEC commissioners, he said.
He argued that the ANC’s application for the review of the MK Party’s registration faced challenges. These are in satisfying the court on the grounds of condonation for its late filing.
