MK party files urgent application to ConCourt to interdict first sitting of Parliament

The uMkhonto WeSizwe (MK) party has brought an urgent application at the Constitutional Court (ConCourt) to interdict Parliament from convening the sitting of both houses until its grievances over the results of the recent national and provincial elections are heard and ruled upon.

The MK party, led by former president Jacob Zuma, threatened to boycott the ceremony where members of parliament (MPs) in the National Assembly are sworn in, accusing the African National Congress (ANC) of rigging the election results.

Zuma’s party, which has 58 seats in the National Assembly, is asking the Electoral Commission of South Africa (IEC) for a recount of the votes.

Court papers

In its court papers, the MK party said the National Assembly cannot be properly constituted unless there are at least 350 members of Parliament present – as prescribed in Section 46 of the Constitution.

The MK party in its papers also asked the court to order President Cyril Ramaphosa by proclamation to call and set dates for another election which must be held within 90 days of the order in terms of Section 49 of the Constitution.

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Elections not free and fair

In his founding affidavit, MK party secretary-general Sihle Ngubane claims the elections were not “free and fair.”

“The determination by the IEC that the elections were free and fair and/or the decision to forge ahead with the declaration of the results of the elections on 2 June 2024 were unconstitutional, unlawful, unreasonable and irrational in the prevailing circumstances.”

“The applicant (MK party) plus a minimum of 25 political parties which were contesting the elections signed a petition or collective objection making reference to hundreds of examples of irregularities,” Sihle said.

Ngubane said the “unlawful declaration” of the results had further consequences or sequelae including the allocation of seats on the basis of the disputed results.

“This in turn had the consequences on the allocation of designated representatives of parties in the National Assembly in terms of Item 16 of Schedule 1A, read with section 57A of the Electoral Act 73 of 1998 as well as the handing over of their list to the Chief Justice and/or the Secretary to Parliament.”

The MK party’s legal action follows their ongoing grievances regarding the election results.

On Monday, Zuma’s party legally instructed the Secretary to Parliament, Xolile George and Chief Justice Raymond Zondo to refrain from convening the sitting of both houses of Parliament or face legal action.

First sitting of Parliament

On Monday, Chief Justice Raymond Zondo officially declared the date of the inaugural session of the National Assembly.

The Office of the Chief Justice has since confirmed that South Africa’s seventh democratic National Assembly will be constituted on Friday, 14 June.

The parliamentary session will start at 10 am on Friday.

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Zondo will preside over the first sitting, where he will call for nominations for the election of the speaker after all MPs have been sworn in.

Proceedings are set to go ahead without the presence of the MK Party.

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