ANC argues that the IEC unlawfully registered the MK party

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Counsel for the ANC has argued that there are only three grounds upon which the IEC can entertain appeals by parties aggrieved with the registration of a political party.

As prescribed in Section 16 of the Electoral Commission Act, parties may object to the registration of a party if the 14-day requirement for publication has not lapsed before the Commission renders a decision; if the logo, the name or the abbreviated name of a party would lead to voter confusion, and if the name of the party portrays the propogation or the incitement of violence or hatred or is racist or sexist among others.

The ANC argues that the IEC unlawfully registered the MK party after it supplemented its application following its rejection instead of launching a fresh one.

Arguing on the jurisdiction of the Electoral Court to hear the matter, Advocate Tsidiso Ramogale says it is this court that can determine issues of legality in this matter.

[IN PICTURES] Today we are at the Electoral High Court in Mangaung ahead of litigation that underscores the movement’s unwavering commitment to defending Umkhonto we Sizwe (MK) as an integral part of the ANC’s 112 year liberation heritage and intellectual property rights.… pic.twitter.com/5YZdCLgUFh

— African National Congress (@MYANC) March 19, 2024

“The point we make is that the only way that the Commission can deal with an appeal is if the grounds that an aggrieved party sets out are in any of those three. The question then becomes: What if a party wants to raise an ultra vires challenge? What if they want to bring a legal challenge? Where do they go? In addition, we say they come here. In addition, we say they came here because this is a court, as established in Section 166(e). It has powers under 172 of the Constitution to declare any law or conduct inconsistent with the Constitution.”

Meanwhile, MK party members say the ANC is playing cheap politics by taking it to court. They say the ANC did not challenge the party’s registration with the IEC until its leader and presidential candidate Jacob Zuma endorsed the party.

2024 Elections | ANC, MK supporters gather outside Electoral Court in Bloemfontein