MK party withdraws case against IEC challenging election results

The uMkhonto weSizwe (MK) Party has withdrawn its Electoral Court case against the Electoral Commission of South Africa (IEC) challenging the results of the national and provincial elections.

The MK party lodged its urgent application in the Electoral Court seeking to set aside the 2024 general election outcome and to direct President Cyril Ramaphosa to proclaim a new election date within 90 days.

The Jacob Zuma-led political formation cited “serious election irregularities” in their court papers filed in May.

Party withdraws application

However, the MK party’s lawyers, JG and Xulu Incorporated, issued a notice of withdrawal of its case to the court on Wednesday

“Kindly take notice, that the applicant (MK party) hereby withdraws their application against respondents in this matter.”

ALSO READ: ‘No 9.3 million votes missing’ – IEC asks Electoral Court to dismiss MK party’s case with costs

Last month,  the IEC heavily criticised the MK party over claims of vote rigging in the 2024 elections after filing its affidavit with the Electoral Court.

The IEC says it was “deeply concerning” that the MK party had made the “egregious” claims without “producing any credible and admissible evidence to support its allegations.”

“The applicant has misrepresented the actual election data and results – that over 9.3 million votes are unaccounted for in the declared election results – is patently false,” IEC chief electoral officer (CEO) Sy Mamabolo said in the answering affidavit.

Electoral act

Mamabolo said the MK party failed to comply with the Electoral Act in challenging the election results as the party was obliged to lodge an objection with the IEC.

He explained that such a challenge could only go to the Electoral Court for an appeal or review once the IEC communicated its decision on the objection.

“The applicant’s letter of 31 May 2024 is not an objection under section 55 that is subject to appeal under Section 55(1) of the Electoral Act. It did not comply with the prescribed requirements for an objection, as set out in Regulation 31 of the Election Regulations,” Mamabolo said.

ALSO READ: MK party heads to Electoral Court to challenge election results

Calls to MK party spokesperson Nhlamulo Ndhlela went unanswered. Comment will be added once received.

Additional reporting by Molefe Seeletsa