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Wednesday, 03 July 2024 17:57

MK Party 'chickens out' on its fight to set aside election results.

By Lehlohonolo Lehana.

The Umkhonto weSizwe (MK) Party has withdrawn its application against the Electoral Commission (IEC) to have the national and provincial election results set aside.

The party's decision to withdraw the case comes a week after they missed the deadline to file their answering affidavit in their application to the Electoral Court.

In terms of the directives issued by the Electoral Court, they were meant to file their reply by Thursday 27 June 2024.

The MK party lodged its urgent application seeking to set aside the general election outcome and to direct President Cyril Ramaphosa to proclaim a new election date within 90 days.

The party cited serious election irregularities" in their court papers filed last month.

"Kindly take notice, that the applicant (MK party) hereby withdraws their application against respondents in this matter," the Electoral Court in Bloemfontein said.

The IEC hit back saying the MK Party's latest attempt to overturn the election results is an abuse of the court processes.

It's labeled the application a carbon copy of an earlier one dismissed by the Constitutional Court. Lack of evidence, misrepresentation of data and a disregard for correct procedure.

That is how the Electoral Commission described the MK Party's application.

Additionally, the party did not comply with Section 55 of the Electoral Act, which requires appeals against election results to be filed within three days of their declaration.

The MKP submitted its appeal two weeks later without providing reasons for the delay.

In an affidavit deposed to by the IEC's chief electoral officer, Sy Mamabolo, he said the MK Party had not produced a shred of evidence to support its voter rigging claims.

Mamabolo further accused the party led by former President Jacob Zuma of trying to inflame the passions of the public.

Additionally, Mamabolo addressed the two-hour system failure of the IEC's leaderboard on 31 May, saying the technical glitch did not compromise the election results.

"Data capturing continued unaffected and no data was lost during this period. The functional system continued to operate unaffected.

"The results system also remained functional and uncompromised. There was only an interruption in the transmission of data to the leaderboard as a result of the flagging error in the reporting system."

Meanwhile the Electoral Court has sentenced two MK Party members to a fine of R150 000 each for breaching sec 81 & 82 of the Electoral Act by inciting violence and riots prior to the elections. Visvin Reddy and Bonginkosi Khanyile had their fines suspended for a period of five years.