By Lehlohonolo Lehana.
The Electoral Court has dismissed the MK Party’s challenge to the 2024 general elections, allowing the IEC to proceed with its electoral system audit ahead of the Local Government Elections.
The party alleged that it was robbed of votes during the 2024 national and provincial polls during a blackout of the leaderboard at the national results operations centre during the vote count.
The Electoral Court ruled that the MK party’s insistence that something untoward happened with the results leaderboard was “flawed”.
“The audit trail indicates that the results continued to be captured and edited over this period, unaffected,” it said.
The court also said that auditors responsible for verifying the results confirmed that the technical problem with the leaderboard did not impact the results.
It said that there is no evidence that the IEC’s results system lacks integrity.
“The version of the commission based on proven and undisputed facts is to be preferred over the version of MK party, which is based on inferences. The inferential reasoning employed by MK party falls flat at the foundation level in that the premise on which that reasoning is based, in particular the expert report, are not sound,” the court ruled.
The Electoral Court also commented on the MK party’s initial application to set aside the election results. It said the party had not complied with the mandatory procedure under section 55 of the Electoral Act.
“[The MK party] presents its challenge as a review of the commission’s decision to declare the results as free and fair. It thereby seeks to avoid the consequences of its failure to follow the mandatory objections procedure,” it said. “[The party’s] application to review the declaration of results is thus not competent in law.”
The IEC welcomed the ruling on Friday.
“The court challenge revolved around integrity and reliability of the system used by the commission to capture, tabulate, and determine election results,” it said.
The IEC said it is guided by its responsibility “to protect the integrity, credibility, and fairness of the electoral outcomes”.
In another blow to the MK Party, the Western Cape High Court has ordered the party to reinstate MPs Pumlani Kubukeli and Dr Khanyisile Litchfield-Tshabalala.
The two were expelled by party leader Jacob Zuma in August. They were accused of conduct that undermined the party’s reputation, unity and organisational discipline.
The pair challenged the decision in court, which found that their party memberships were unfairly terminated.
The judgment, handed down by Judge Daniel Mafeleu Thulare, orders that Kubukeli and Litchfield-Tshabalala’s previous status be restored, including reinstatement as Members of Parliament.