THE African National Congress (ANC) is still of the opinion that the registration of uMkhonto weSizwe with the Electoral Commission was unlawful.
This is despite the Electoral Court ruling on Tuesday 26 March that all proper procedures were followed.
The ANC said the deputy CEO (deputy CEO) of the IEC, Mawethu Mosery, was not authorised to allow MK’s supplementary submission when it was registered as a political party.
The court ruled: "We therefore find that the registration of MK by the DCEO in December 2023 was not unlawful," he said.
ANC spokeswoman Mahlengi Bhengu-Motsiri said the ruling party accepts the judgement and will fully comply with it.
"The ANC reiterates our support for the rule of law and the integrity of our legal institutions as well as the legal principle of equality before the law," she said.
Mosery had rejected MK's application for registration on 4 August 2023 because she was accused of submitting fraudulent signatures on its deed of foundation.
But he approved the registration on 7 September after the party amended its application.
Bhengu-Motsiri said: "However, contrary to the requirements of the Electoral Act, the IEC failed to advertise the new application and instead proceeded to consider the new application.
ALSO READ: 'Zuma is going to be the president'
"The IEC then approved the application based on the new application and favoured the MKP with registration. As a direct result of not advertising the new application as required by law, only a few members of the public, including members of the ANC, learnt of the application."
She alleged that after learning of the "unlawfulness" of the registration process used by the IEC, the ANC approached the Electoral Court to challenge the process used by the IEC to register the MKP.
"The ANC's arguments were cogent and clear. The law requires that applications for the registration of political parties must be publicised so that everyone is aware and can object to the application if any exist," she said.
She claimed that Mosery had not adhered to the spirit and letter of the Electoral Act.
'To avoid any misunderstanding, and contrary to what many people have alleged, the case that the ANC has brought before the Electoral Court is not a case against the MKP. The ANC accepts that all South Africans have rights to certain fundamental freedoms, including the right to join or establish a political party of one’s choice," she said.
She said the ANC was not opposed to the presence of the MK party on the ballot paper, provided the registration process conducted by the IEC was in accordance with the law.
"The ANC strongly objects the use of the Umkhonto we Sizwe (MK) logo and name by this party. We will address this issue on Wednesday, 27 March, at the High Court in Durban, KZN.
"The MK logo and name are the heritage and intellectual property of the ANC. We will not allow counter-revolutionaries to hijack our movement for their personal gain."
