‘We don’t need any assistance from you’: ConCourt rebuffs ex-MK party leader

Former uMkhonto weSizwe (MK) party founder Jabulani Khumalo has remained steadfast in his claim as the party’s president.

However, the Constitutional Court (ConCourt) is unmoved by his assertion.

Khumalo was expelled from the MK party last month and has since disputed former president Jacob Zuma’s right to litigate on behalf of the party in the ConCourt.

The former MK party leader has demanded that Zuma be removed as the leader of the party.

‘Khumalo still MK party leader’

During proceedings on Friday, Deputy Chief Justice Mandisa Maya questioned Khumalo’s role in the case.

“Has he launched an application before this court? There is no notice of motion that warranted his appearance,” Maya asked Khumalo’s lawyer, Advocate Mfesane Ka-Siboto.

Ka-Siboto, in his response, explained that Khumalo filed an affidavit to the ConCourt, disputing that Zuma was the MK party leader.

“He remains the president of uMkhonto weSizwe and that is set out in the affidavit that we have deposed before this court,” said Ka-Siboto.

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The advocate emphasised that his client would abide by the ConCourt’s ruling on Zuma’s eligibility to serve in the National Assembly, but was adamant that he remains the leader of the party.

“To the extent that you are interested to hear what his position is and decide on just reading the filing affidavit, we are happy with that,” said Ka-Siboto.

Maya seemingly dismissed Khumalo’s attempt to enter the fray.

“No, we don’t need any assistance from you, Mr Mfesane, thank you,” the Deputy Chief Justice replied.

The Electoral Commission of South Africa (IEC) is seeking to appeal an Electoral Court judgment that concluded that Zuma does qualify to stand for public office.

The Electoral Court ruled in favour of Zuma because his 15-month sentence for contempt of the ConCourt could not be appealed and, therefore, did not qualify as a “sentence” under Section 47(1)(e) of the Constitution.

Watch the case below:

Khumalo’s letter to IEC

This week, Khumalo asked the IEC to remove Zuma as MK party leader.

In a letter to the commission, Khumalo accused Zuma of occupying the MK party president position illegally.

He claimed that he was called into a meeting on 23 April, where Zuma informed him of his removal as the party leader.

“During that meeting, a fraudulent letter was prepared… to the IEC, announcing that I would no longer be on the list of candidates and that Zuma would be the face and president of the party,” his letter said.

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He further accused Zuma’s daughter, Duduzile Zuma, of publicly disparaging his name.

But the IEC reiterated its stance that it does not involve itself in the internal affairs of political parties.

“The commission only acts on instruction of the registered leader of the party. In the present case, Zuma is the registered leader of MK party. This has been so since April 10,” the commission said in a statement on Tuesday.

Additional reporting by Vhahangwele Nemakonde