Jacob Zuma’s Mkhonto Wesizwe (MK) Party can legally contest in the upcoming general elections after the Electoral Court threw out the African National Congress’ (ANC) application to nullify the opposition’s IEC registration.
Electoral Court rules MK Party registration was not unlawful
The ANC’s legal bid against the MK Party at the Electoral Court centred on allegations that Zuma‘s recently launched political organisation did not meet the required registration criteria and used the name and logo of the ANC’s historical military wing, uMkhonto weSizwe, potentially infringing on copyright and trademark laws.
The ANC argued that this could confuse the public and dilute the historical significance and recognition of their trademark, which they claimed to have used for decades.
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The MK Party, represented by advocates Dali Mpofu SC and Muzi Sikhakhane SC, argued that the ANC’s legal challenge was more a reaction to Zuma’s support for the MK Party than a concern over electoral process integrity or trademark infringement.
They suggested that the ANC had missed the opportunity to object to the MK Party’s registration within the prescribed timeframe, implying that the governing party’s actions were more about targeting political opposition than protecting trademarks or the electoral process.
After delaying the judgment for a day, the Electoral Court convened on Tuesday to concur with the MK Party’s merits.
In the end, the ANC had ample time to contest the opposition party’s registration and no provisions are made in the Electoral Act for review applications submitted after the prescribed three-day period.
What does this mean?
Neither party had issued a statement in reaction to the ruling when this article was published. Therefore, as it stands, the road has been paved for Zuma, the MK Party’s presidential candidate, to return to the ballot under a new political organisation, a move that circumvents a Constitutional law that prohibits past heads of state from returning to the Executive after serving two terms.
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The ANC, however, does have legal grounds to appeal the court’s decision.
Before the court’s decision, the ANC had expressed intentions to approach the High Court if the ruling on the MK Party’s registration did not favour them.
This stance was confirmed during the proceedings, where the ANC’s legal team, represented by advocates Sesi Baloyi and Tshidiso Ramogale, argued that the Electoral Court had jurisdiction to hear the ANC’s application.
They emphasised the importance of the Electoral Court’s role in ensuring free and fair elections and protecting the right to franchise, indicating that if their application was dismissed or they were unsatisfied with the outcome, they would consider moving to the High Court.