In the lead-up to the general elections in May, the Independent Electoral Commission of South Africa (IEC) finds itself embroiled in a contentious legal battle between the ANC and the uMkhonto weSizwe (MK) Party.
The dispute, which centres on the identification and registration of the newly formed party, has escalated into a complex legal tussle with implications for the integrity of the electoral process.
The conflict lies in perceived similarities between the MK Party’s identification and that of the ANC’s uMkhonto weSizwe, the former military wing that Nelson Mandela founded in 1961.
It has been argued that the MK Party’s logo and colours closely resemble those of the ANC’s military wing.
Legitimacy challenged in court
The ANC has taken a firm stance against the MK Party’s registration, challenging its legitimacy through legal channels.
The governing party contends that allowing the MK Party to operate under its current registration status would undermine the electoral system’s integrity.
Furthermore, it alleges procedural irregularities, asserting that the MK Party’s failure to properly publish its registration intentions deprived other stakeholders of their right to object.
The ANC has also raised concerns over the potential for voter confusion, citing the resemblance between the MK Party’s logo and that of uMkhonto weSizwe.
The governing party accused the MK Party of appropriating its history and assets. The matter is back in court in March.
During a media briefing on Monday, IEC vice-chairperson, Janet Love, addressed inquiries regarding the controversy surrounding the MK Party’s registration.
Love emphasised that the matter is currently under sub-judice as it is being adjudicated in the high court.
IEC’s role is limited
She underscored that the commission’s role in the dispute is limited, as judicial proceedings are under way.
“The issue of the name and the arbitration is not something that the commission is cited in and is a matter that is in the high court. It is not something that we can control,” Love stated.
“With regards to the actual procedure that the commission adopted in the registration of the MK Party, that matter is also before the court, and we believe that it will be finalised in due course.”
