Former president Jacob Zuma, the leader of the MK Party, has retaliated against Jabulani Khumalo, who has filed documents with the Constitutional Court in an attempt to reclaim the party on the grounds that he was wrongfully removed.
In his response to Khumalo’s application, Zuma informed the apex court that Khumalo was abusing the legal system because the case had already been decided and that the court ought to impose a cost order on him.
He further stated that Khumalo’s case is “totally hopeless”.
This is contained in papers filed on Friday after Khumalo submitted his application on August 12 and asked the court to hear the matter on an urgent basis.
He contended that Duduzile Zuma-Sambudla had falsified his signature on the letter dated April 9, 2024, in which he gave Zuma the party presidency.
He wants the court to reinstate him and to direct the Independent Electoral Commission (IEC) to allow him to run the party and make all decisions as its rightful leader.
He also wants Nhlakanipho Khumalo to be reinstated as the secretary-general of the MK Party and Bhekizenzo Manzini as the party’s treasurer-general, and the court should direct the IEC to recognise them as such.
Claims devoid of truth
Without holding back, Zuma responded to Khumalo’s claim by asserting that he consistently uses the same tactic of falsely accusing others of forgery and fraud.
“The foregoing claims are vexatious and devoid of truth. The Electoral Court, among other things, found Khumalo’s version and accusations riddled with contradictions,” Zuma, supported by his party, says in his responding court papers.
“In addition, the Electoral Court found the application to be frivolous and completely devoid of merit and importance, and it found Khumalo to have perjured himself in his affidavits. The application was subsequently dismissed with a punitive cost order.
“In order to save time and unnecessary prolixity, I will take the unusual step of annexing hereto, marked ‘TSM1’, a copy of the judgment of the Electoral Court in case number 0025/24EC.
“It will be clear at first glance that the very same issues in this application were raised and decided by the Electoral Court.”
Zuma also informed the court that Khumalo has not shown why the matter is urgent and emphasised that the apex court is not the appropriate venue to address this issue.
Abuses of court process
Zuma said: “In the most egregious abuse of court process and ill-founded approach, the applicants have decided to frivolously approach this court directly without even attempting to make out a case for such an approach.
“For this reason alone, the application should be dismissed with punitive costs as censure against frivolous litigation.
“The first sign of confusion emerges from the assertion of direct access as the primary basis for [an] audience with exclusive jurisdiction pleaded in the alternative.
“Logically a party should first plead exclusive jurisdiction and direct access in the alternative. I therefore start with the issue of exclusive jurisdiction.”
The case cites the IEC and Sy Mamabolo, the chief electoral officer, but they have not yet filed their responding papers.
