Former uMkhonto weSizwe Party leader Jabulani Khumalo has lost a bid at the Pretoria High Court to remain an authorised signatory to the party’s bank account.
Khumalo maintained that an appeal is pending regarding his expulsion, which he regards as unlawful.
The appeal concerns his purported resignation letters endorsing Jacob Zuma as the MK Party president and the Independent Electoral Commission’s (IEC) decision to substitute him with Zuma.
Khumalo maintains that this action is illegal and invalid, and he wishes to continue signing checks on the official bank account while the matter is being resolved.
“The proceedings before the Electoral Court, in any event, have no bearing on the current application and its consideration,” read the court papers
“The current application revolves around the termination, by the applicant [MK Party], of the first respondent’s [Khumalo] mandate to act as authorised signatory on behalf of the applicant.
“Even if it is to be accepted that the challenge in the Electoral Court might succeed, the first respondent was unable, in either his answering papers or in argument, to show any entitlement to be an authorised signatory on the account of the applicant that flows from either being the president or a member of the applicant.”
In the court documents, Judge SJ Myburgh expressed satisfaction that the MK Party has shown that Khumalo had no legal entitlement to remain a signatory on the party’s bank account.
Clear right to access funds
He emphasised that the MK Party had established a clear right to access the funds in its bank account and that the interdictory relief it is seeking is final in nature.
According to the documents, the urgency of this matter was based on the need for the party to respect Section 12 of the Political Party Funding Act, which is due on September 30.
The documents also show that Khumalo had demonstrated an inability to obtain significant redress in a timely manner, taking into account the IEC’s deadline.
“Criticism for the applicant’s failure to institute the application earlier is not misplaced, but such criticism does not warrant, having regard to all factors, the striking of the matter.
“As such, it is found that the matter is urgent, resulting in the granting of condonation for the applicant’s failure to adhere to the rules regarding time periods and service.”
The MK Party’s spokesperson, Nhlamulo Ndhlela, expressed satisfaction with the decision and claimed that the ANC was funding Khumalo.
“The MK Party will continue to defeat the sellout ANC of Cyril Ramaphosa and its planted agents both in the courts and on the ground until the land and the economy are returned to their rightful owners, the African majority,” Ndhlela said.
