The ANC has stressed that it was not opposed to the MK party’s presence on the ballot.

The leader of the uMkhonto weSizwe (MK) party has expressed his satisfaction after emerging victorious in a legal battle with the African National Congress (ANC).

This comes after the MK party’s registration with the Electoral Commission of South Africa (IEC) was upheld on Tuesday.

On Tuesday, the Electoral Court, sitting in the Gauteng High Court in Johannesburg, dismissed the ANC’s application to have the MK party deregistered.

ALSO READ: Mpofu argues ANC only went to court after Zuma announced his support for MK party

In a unanimous decision, the court ruled that the ANC’s case lacked urgency, and fell outside its jurisdiction to adjudicate.

It further found that the ANC failed to explain why it waited longer to initiate the legal proceedings to challenge the MK party’s registration within the prescribed time.

‘ANC has a problem’

Speaking to the media outside the court, MK party founding member, Jabulani Khumalo welcomed the outcome of the case.

“This victory says to the whole world that MK has always done things correctly, it’s only the ANC that has a problem.

“We have no problem with the laws because when government says we must do this, we do it to the core. We don’t divert, we don’t use money to make our things correct, we do it according to the policy and the legislation,” he told reporters.

READ MORE: ‘We are not the problem child’, says MK party after backlash over election ‘threats’

Khumalo also addressed MK party supporters, announcing that former president Jacob Zuma will be preparing to form his Cabinet on 1 June, which is two days after this year’s national and provincial elections.

Zuma is the MK party’s presidential candidate, but is likely to be disqualified from assuming office.

The IEC previously stated that while the law doesn’t prevent candidates with criminal records from being nominated on party lists, they cannot stand for public office.

Furthermore, Khumalo claimed that the Electoral Court’s decision demonstrated that the courts were no longer biased.

“They are able to listen to the people of South Africa,” he said on Tuesday.

Case between ANC and IEC

Meanwhile, the ANC was scheduled to address the media on the outcome of the litigation, but has since postponed it indefinitely.

The ruling party has, however, “noted” the ruling and also sought to clarify why it brought the case to the Electoral Court.

The ANC maintained that the legal battle was not one directly between the governing party and the MK party “as some have characterised it”.

“The case we are dealing with is essentially between the ANC and the IEC,” the party’s statement reads.

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The governing party stressed that it was not opposed to the MK party’s presence on the ballot, “provided the registration process conducted by the IEC was in accordance with the law”.

The ANC last week threatened to approach a higher court if the outcome was not favourable to it.

Additionally, the logo and trademark dispute between the two political parties is set to be heard by the KwaZulu-Natal (KZN) High Court in Durban on 27 March.

“The MK logo and name is the heritage and intellectual property of the ANC, we will not allow counter-revolutionaries to hijack our movement for their personal gain,” the ANC concluded.


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