Former president Jacob Zuma’s uMkhonto weSizwe (MK) party has filed an urgent application at the Constitutional Court to overturn the 2024 national and provincial elections, in an unprecedented legal challenge that hands SA’s democratic institutions their biggest test yet.
The party, which derives its name from the military wing of the ANC during the apartheid era, is also seeking an order to prevent chief justice Raymond Zondo and secretary to parliament Xolile George from convening Friday’s first sitting of parliament at which the speaker and president will be elected.
MK’s argument hinges on the assertion that the elections were marred by irregularities so egregious that they warrant a fresh round of voting. The party wants the apex court to order President Cyril Ramaphosa, by proclamation, to call and set dates for another election that must be held within 90 days of the date of court’s order.
The legal action questions the constitutional legitimacy of the first sitting of the National Assembly. MK, which bagged 58 seats, or 14.5% of the vote in the recent polls, contends that unless the assembly comprises the mandated 350 to 400 members, all duly sworn in, it is constitutionally invalid.
The legal labyrinth crafted by MK represents a critical test for SA democratic institutions such as the Electoral Commission of SA (IEC) and the highest court in the land. The outcome of the dispute could have far-reaching implications for SA’s political stability and governance.
In papers to the apex court, which Business Day has seen, MK’s interim secretary-general, Sihle Ngubane, criticises the IEC for dismissing 579 objections to the election results, saying the dismissals were predetermined and lacked impartiality.
“It is these consequential steps, all tainted by the unlawfulness of the declaration of the freeness and fairness of the elections and/or the declaration of the results, which must also be set aside. Conversely, the elections and/or the first sitting of the National Assembly cannot lawfully survive the illegality of these preceding steps,” Ngubane said. The urgent application comes after parliament issued a statement on Monday, saying it had taken note of a letter from MK informing it of its intention to challenge the validity of the elections.
As the party braces for a constitutional showdown, its elected representatives are poised to boycott the first parliamentary sitting on Friday, escalating tensions and casting a shadow of uncertainty over the democratic processes.
“In light of the MK party’s expressed decision, through their legal representatives, not to attend the first sitting, parliament has cancelled all arrangements for accommodation and flights for the party’s elected members,” parliamentary spokesperson Moloto Mothapo said.
“Parliament does not agree with the MK party’s interpretation of section 46 of the constitution. Parliament is of the view that it is legally bound to facilitate the first sitting of the National Assembly and the National Council of Provinces at a date and time determined by the chief justice, and there are no legal impediments preventing this process.
“According to section 49(3) of the constitution, unless and until the results of the election are set aside by a court, parliament must ensure that the sittings proceed as directed.”
With Tiisetso Motsoeneng
Update: June 11 2024
This article has been updated with new information throughout.
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