IEC official accused of stealing election ballot boxes sees discharge application rejected

An Electoral Commission of South Africa (IEC) official accused of stealing election ballot boxes has suffered a blow after his application to be discharged was dismissed.

Musawenkosi Mnikathi returned to the dock in the Pietermaritzburg Magistrate’s Court in KwaZulu-Natal (KZN) on Tuesday to hear the outcome of his application.

The application sought to have his case withdrawn in terms of Section 174 of the Criminal Procedure Act.

Mnikathi, an IEC area manager in KZN, was arrested during the general elections on 29 May 2024.

He is facing charges linked to allegedly transporting election materials containing votes without a police escort.

IEC official’s application fails

On Tuesday, Magistrate Edmund Szudrawski delivered his judgement on Mnikathi’s application, ruling that the IEC official has a case to answer for.

“Prosecution should only be instituted on the basis that the prosecution [team] has a reasonable and probable cause and belief that it will be successful in the prosecution and that the evidence at the disposal of the state points to the guilt of the accused.

“In this court, the state has provided sufficient evidence that constitutes a prima facie case and in these circumstances, the application for a discharge is refused,” Szudrawski said.

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The case will proceed and has been postponed following Tuesday’s ruling.

In June 2024, Mnikathi unsuccessfully attempted to have his case transferred to the Electoral Court.

At the time, Szudrawski dismissed the application, concluding that the Pietermaritzburg Magistrate’s Court had jurisdiction to hear the matter.

MK party election rigging claims

Members of the uMkhonto weSizwe (MK) party, who laid the complaint against Mnikathi, attended Tuesday’s proceedings.

The MK party believes that the case against the IEC official supports its legal battle over alleged irregularities in the 2024 national and provincial elections.

According to the party, over 9.3 million votes were unaccounted for.

It initially filed an urgent application with the Electoral Court on 19 June, alleging election rigging.

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However, the MK party withdrew the application before the scheduled hearing on 29 July, prompting objections from the IEC.

The IEC accused the party of engaging in an abusive and delaying litigation strategy after incurring substantial legal costs.

Consequently, the Electoral Court issued a costs order against the MK party, labelling it the unsuccessful litigant.

The MK party is expected to forge forward with its case.