Former president Jacob Zuma. Picture: Gallo Images/Fani Mahuntsi
The uMkhonto weSizwe party (MK) has legally instructed the Secretary to Parliament, Xolile George and Chief Justice Raymond Zondo to refrain from convening the sitting of both houses of Parliament 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 has threatened to boycott the ceremony where MPs in the National Assembly are sworn in, accusing the African National Congress (ANC) of rigging the election results.
The MK party, which has 58 seats in the National Assembly is asking the Electoral Commission of South Africa (IEC) for a recount of the votes.
MK party spokesperson Nhlamulo Ndhlela said the party’s legal representatives issued a formal demand to Zondo, George and authorities responsible for arranging the inaugural session of the National Assembly within 14 days following the election results announcement.
“We argue that unresolved objections and the veracity of the substance by MK party and other political parties who represent the will of the people, render this “market based” declaration, and consequently the sitting and all its activities unconstitutional.
“Furthermore, and in defence of our people’s constitutional rights, the MK Party will file papers with the constitutional court to interdict the swearing in of party nominated candidates as members of the National Assembly until our grievances, which are premised on allegations of election fraud and rigging, are thoroughly addressed by the courts,” Ndhlela said.
According to the Constitution, the National Assembly must have a minimum of 350 Members of Parliament and a maximum of 400.
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Ndhlela said the absence of MK party members will prevent this.
“Despite our legally sound and legitimate objections as submitted in line with section 55 to the IEC, the parliament’s response disregarded our request by spearheading an agenda to proceed regardless of such concerns which are serious in their nature.
“In response, we have directed our attorneys to urgently seek an interdict from the Constitutional Court to postpone the session while these critical legal issues and questionable election results which point to grossly serious grievances of possible election fraud and rigging are addressed,” Ndhlela said.
The MK party has also expressed concerns about George and Zondo’s “premature statement or judgements regarding issues related to their objections knowing that the matter may end up in court.”
“It is our concern that these types of prejudicial statements and pronouncements could compromise the impartiality required when this matter ends up in court as it will,” Ndhlela said.
Constitutional law scholar Pierre de Vos said should the MK party boycott the first session, it would have no effect, except to reduce the number of votes required to elect the president, speaker and deputy speaker.
Vos said: “The ANC has 159 seats, so the number cannot go below 134, even if only ANC MPs rock up. The IEC [Electoral Commission of South Africa] has declared results, which they can only do if they believe … objections will have no material effect on the results.”
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