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MK members celebrating outside the High Court in Joburg after the judgment. Photo by Mfundekelwa Mkhulisi
FORMER president Jacob Zuma’s party has won the first round against the ANC in the battle for uMkhonto Wesizwe (MK) name.
The Electoral Court, sitting in the High Court in Joburg, dismissed the ruling party’s application to have (MK) deregistered from the Independent Electoral Commission (IEC).
The ANC said IEC deputy CEO (DCEO) Mawethu Mosery was not authorised to allow MK’s supplementary submission when it registered as a political party.
They wanted the decision to be declared unlawful.
The court ruled on Tuesday, 26 March, that the ANC interpreted the provision in the Electoral Act wrongly.
Judge Leicester Adams said they found the requirements for the registration of MK in terms of Section 15 of the Electoral Act were properly met.
“We, therefore, find there is nothing unlawful in registering of the MK by the DCEO in December 2023,” he said.
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The application was dismissed with no costs.
Adams said the ANC’s contention that because the section makes no reference to supplementation, an application cannot be supplemented holds no water.
“It is an artificial approach,” said the judge.
Mosery rejected MK’s registration application on 4 August 2023 because of allegations that it submitted fraudulent signatures on its deed of foundation.
But Mosery later approved its registration on 7 September after the party supplemented its application.
Adams said nowhere in the section is how the application is to be submitted prescribed.
“Importantly, the section does not require an applicant to comply fully at the first go,” said Adams.
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