ANC secretary-general Fikile Mbalula and his party’s National Executive Committee (NEC) seem to have been caught sleeping on the job after their party lost a crucial court case ahead of the May 29 national elections.
The governing party had lodged an application with the Electoral Court seeking for it to de-register breakaway party uMkhonto weSizwe (MK) Party from the ballot in the upcoming elections. However, the application was dismissed.
The judgment has given credence to the newly formed party, led by former president Jacob Zuma, who will now be allowed to contest the elections.
The two parties are also at loggerheads, contesting the right to use the name MK in a second court challenge that will be delivered in the Pietermaritzburg High Court on Wednesday.
In a scathing ruling by Judge Lebohang Modiba at the Gauteng High Court, Johannesburg, yesterday, stated that the ANC had no basis, dismissing the application and saying they (the ANC) had only themselves to blame.
The ANC had argued that it should be allowed condonation since the party discovered late that the MK’s second application for registration had been successful.
The governing party had further argued that the late submission was because its offices, including that of its lawyers, were closed during the festive season.
However, Judge Modiba said the ANC had failed to take advantage of two opportunities provided by the Electoral Act to object to the registration of the new party last year, lamenting that the party had “only itself to blame” for failing to object.
“We find there is nothing unlawful about the registration of the MK Party by the deputy chief electoral officer,” Judge Modiba said.
The court would be infringing on MK Party’s rights if it were to grant the ANC relief, the judge said.
“In both, it failed to do so. Therefore it only has itself to blame for not being aware of the August 4, 2023 decision until January 2024. If the ANC’s relief is granted, it will be too late for MK to register as a political party and contest the upcoming elections,” Judge Modiba said.
A party seeking condonation must submit a full explanation and the court considers whether the condonation will be in the interest of justice, the judge said.
The court also found that the ANC had failed to explain why it took more than a month to discuss and decide on what action to take while the party waited until Boxing Day (December 26) to brief its legal team on the matter.
The ANC failed to start the legal process three months before the festive season, she said.
Therefore, the court rejected the application for late submission of its objections by the ANC.
Senior lecturer at the university of Limpopo, Dr Metji Makgoba, said the ANC had delayed to interdict the registration.
The ANC had a false claim to the liberation movement in SA, he added.
“We saw they tried to stop the registration of Cope, claiming that the name Congress of the People (Cope) belonged to the ANC and there was no registration or claim by the ANC legally that Cope belonged to them.
“Equally, MK Party must not belong to them. These are just names of heritage. The ANC should start moving on and forget about laying claims to the heritage of the country.
“It's just an issue of incompetency on their side and indecisiveness because if they trust themselves that their political campaign is on point then they don't need to go to court to oppose the MK Party.
“Their desire to stop the registration of MKP shows that they are anxious about the elections,” Makgoba said.
He said the ANC had no plan.
Responding to the loss, the ANC through a statement, said the party noted the decision by the Electoral Court.
“The ANC reiterates our support for the rule of law and the integrity of our legal institutions and the legal principle of equality before the law. We accept the judgment and will fully comply with it.
“The ANC upholds the principles of justice and legality … We are not opposed to the party's presence on the ballot, provided the registration process conducted by the IEC was in accordance with the law,” the statement said.
The MK Party, through its spokesperson Nhlamulo Ndhlela, said the ruling was a victory for democracy and the people of SA.
The Star