ANC vs MK: More drama!

THE judgment in the African National Congress (ANC) case challenging the registration of uMkhonto Wesizwe party (MK) with the Electoral Commission (IEC) has been postponed indefinitely.

The Supreme Court of Appeal Electoral Court in Bloemfontein, Free State, was supposed to hand down the judgment at 11am on Monday, 25 March.

The chairman of the court, Justice Dumisani Zondi, informed the affected parties that there were some details the court was dealing with.

"Kindly note that there are changes effected regarding the delivery of the judgment as it will no longer be handed down today at 11am. I will communicate further details with you very soon as we are still finalising some details," said Zondi.

The ruling party approached the court to have the registration of the MK with the IEC declared unlawful.

The ANC argues that there were procedural flaws in the way MK was registered.

IEC deputy CEO Mawethu Mosery had rejected MK's registration application on 4 August 2023 but later approved it on 7 September after the party submitted a supplemented application.

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ANC lawyer Advocate Sesi Baloyi SC told the court during her submissions last week that Mosery was not authorised to invite the MK to supplement its deed of foundation.

"The door was not closed to them to make a new application to be on the ballot. But they could not supplement," she said.

But MK's legal representative, Advocate Dali Mpofu SC, said the ANC knew there was a political party called MK registered with the IEC, but it reconciled itself with that idea.

"The only thing that made them wake up from their slumber was former president Zuma's announcement on 16 December that he'd vote and campaign for the MK party," he said.

In court papers, the ANC is saying the name MK belongs to it, and no one should use it.

It tried to appeal the IEC decision to register MK as a political party, but the commission dismissed its appeal on 24 November 2023.