By Lehlohonolo Lehana.
The uMkhonto weSizwe (MK) party has filed an urgent application with the Electoral Court to have the 2024 election results set aside.
In court papers, MK party wants the Electoral Court to declare polls invalid, arguing that the elections were not free and fair.
“There were serious election irregularities of the nature that it cannot be said that such results reflected a free and fair election and the will of the voters.”
“Reviewing and setting aside the decision of the first respondent to declared election results of 29 May to be free and fair,”the MK party argued.
The party also wants the court to order President Cyril Ramaphosa to proclaim a new election.
“Directing the president by proclamation an in terms of Section 49(3) of the Constitution of the Republic of South Africa to call for a new national election, which must be held within 90 days of the order of the court setting aside the election.”
It also asked the court to be awarded the costs of the legal action.
Last week, the MK party was dealt a blow when the Constitutional Court dismissed its urgent application to interdict Chief Justice Raymond Zondo and Parliament from proceeding with the first sitting of the new parliament.
In a ruling published late on Wednesday night, the court said the application was without merit and did not engage its exclusive jurisdiction.
It was not in the interests of justice to grant direct access, as the party created its own urgency by filing papers at the 11th hour.
The steps by the Electoral Commission of SA the party impugned – the dismissal of electoral objections and the announcement of the results – happened on May 1 and 2, the court noted.
“However, despite this knowledge, the applicant only launched the application on 10 June.
“The applicant has failed to show any justification for not bringing this application sooner when it was aware of the constitutional requirement to convene the National Assembly no later than 14 days after the declaration of the election results, the urgency is thus self-created.”
The MK Party did not make out a case that it would suffer irreparable harm if the interdict was not granted, nor that the balance of convenience favoured granting an interdict.
“The application must fail on its merits,” the court said, adding that the party has misconstrued the constitutional provisions it sought to rely on.
“In addition the applicant has also not adduced facts to establish a prima facie case in respect of the relief it will seek in the main application.”
The party argued that the National Assembly would not be properly constituted because fewer than 350 members would be in attendance as its 58 MPs would boycott the sitting. But section 53 of the Constitution makes clear that the chamber can elect a new president provided at least a third of its 400 members were present.