IEC official’s application to move case to Electoral Court dismissed

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The Pietermaritzburg Magistrate’s Court has dismissed an application by the legal team of the IEC official charged with the contravention of Electoral Act, for the matter to transferred to the Electoral Court.

Musawenkosi Mnikathi, an IEC area manager in Msunduzi was arrested during the general elections in May. He’s accused of removing election material without police escort. Mnikathi made his second appearance in a packed court room.

Magistrate Edmund Szudrawski ruled that the court does have jurisdiction to hear the matter. He said that contravention of the Electoral Act is a criminal offence and Mnikathi will have to stand trial in a Magistrate’s Court. The state told the court it was ready for the trial as its investigations were complete.

Mnikathi’s legal team said they still need to study the judgment.

“We don’t have much, but we will study the judgment,” says Advocate Ashleigh Jennings.

MK Party members welcomed the court’s ruling.

“The ruling vindicated us as uMkhonto weSizwe in the region particularly in that the accused and his legal team wanted to take the matter to the Electoral Court and this court decided that it remain within its jurisdiction because it has strong criminal elements other than the electoral disputes. We strongly believe that this proceeding in this court seeks to say that there were irregularities in the election itself and we strongly believe that as the MK Party, the elections were not free and fair,” says MK Party’s Reggie Ngcobo.

Outside the court, there was large police contingent. The case has been postponed to the 2nd of July.

Video: Electoral Court – Court dismisses IEC area manager’s application