The Electoral Court has dismissed the application made by the uMkhonto weSizwe Party (MK Party) against the Electoral Commission of South Africa and other members of the party.
The court ruled with no order as to costs, declaring the MK Party’s failure to comply with court procedures as condoned.
According to the court documents, MK Party had sought to register its nominated ward candidate for the by-elections held on December 8 2024 in Msunduzi municipality in Pietermaritzburg, KwaZulu-Natal.
Submitted Nkosinathi Mshengu
MK Party, through Vusumuzi Mvelase, submitted Nkosinathi Mshengu as the nominated Ward 2 candidate to the commission on November 11, 2024.
Closer to the submission deadline on November 25 2024 at around 5pm, Mvelase was notified by the commission through an SMS that the third respondent, Cebisile Zuma, has submitted another name, Sithabiso Nkabinde, who is the fourth respondent on this matter, as a candidate for the by-elections.
This name submission was authorised by the MK Party chief whip, Kwazi Mbanjwa. As such, the commission withdrew Mshengu’s name.
“The commission contends that Dr Mbanjwa’s registration as contact person for the MK Party justifies its acceptance of the submission it received on his behalf, informing it who the MK Party candidate is.
Sought to reverse decision to replace Nkabinde
“Before the by-election could take place, the MK Party contacted the commission. It sought to reverse its decision to replace Mr Nkabinde’s name with that of Mr Mshengu.
“On 26 November 2024, the commission informed the MK Party through Dr Mbanjwa that its system was closed. Also that it was only this court that could reverse its decision,” reads the document in part.
The MK Party further took legal action. It sought a review and reversal of the commission’s decision to substitute Nkabinde’s name.
The court found that it was undisputed that Mbanjwa was the party’s registered contact person in the commission. The party was then regarded as having failed to make a strong case for the relief it sought.
Not a strong case for relief it seeks
“Regrettably for the MK Party, this court is not satisfied that it has made out a proper case for the relief it seeks. Its failure to comply with regulation 9 and the fact that when it ultimately instituted this application, the horse had already bolted. The by-election had already commenced.
“Therefore, ordering that the election be postponed is not a just and equitable remedy under these circumstances. It would not be fair to registered political parties. Also to the electorate who followed all legal processes to participate in the by-election.”
