In a stunning blow to his political aspirations, Jabulani Khumalo, the founder of the MK Party, has suffered yet another setback as the Electoral Court dismissed his bid for leadership. The court ruling affirms the appointment of former president Jacob Zuma as the legitimate leader of the party, leaving Khumalo's future in doubt.
The judgment, delivered by the Electoral Court, stated that Khumalo's claims to leadership were unfounded and that Zuma's appointment was lawful. The court relied on the "Plascon-Evans rule" to evaluate the disputed facts, ultimately finding that Khumalo had orchestrated a fraudulent letter to the Electoral Commission of SA (IEC), falsely advising them to change their records to reflect Zuma as the leader of the MK Party.
According to the summary of the judgment released by the Electoral Court, "The commission complied with regulation 9 when it acted on this request because it acted on a written notice of the change by the then MK party leader, Mr Khumalo. Regulation 9 does not require that the party leader sends the notice. Therefore, the application falls to be dismissed."
Khumalo's legal council had argued that Zuma's daughter, Duduzile Zuma-Sambudla, had forged his signature and sent a fraudulent letter to the IEC, claiming that he had resigned and paving the way for Zuma to take his place. However, the judgment concluded that there was no reason to suspect that the letter was fraudulent and that the commission had acted reasonably in accepting it.
This latest blow comes in the wake of Khumalo's removal from the parliamentary list by the MK Party, which effectively barred him from attending the first sitting of Parliament. The disgruntled politician had confirmed his attendance for the ceremony, but Parliament canceled all travel and accommodation arrangements for MK Party members, leaving Khumalo sidelined.
However, Khumalo and his party are not backing down without a fight. In a bid to disrupt the proceedings, the MK Party has taken their case to the Constitutional Court, seeking an urgent interdict to prevent the National Assembly's first sitting of the seventh parliament. The party argues that the IEC's conduct in declaring the election results was unconstitutional, unlawful, unreasonable, and irrational.
The MK Party's acting secretary-general, Sihle Ngubane, stated in an affidavit, "The Constitutional Court has the jurisdiction to deal with the matter," emphasizing that the Electoral Court is not the appropriate forum for their grievances.
The party has called into question the impartiality of the IEC's handling of objections raised during the elections, asserting that the dismissal of 579 objections was a flawed process. They are now seeking an order from the Constitutional Court to set aside the 2024 election results and call for fresh elections within 90 days.
As the battle for leadership within the MK Party rages on, Khumalo finds himself facing an uphill battle to regain his position and political relevance. With his bid for leadership dismissed by the Electoral Court, and his absence from the first parliamentary sitting, the future seems uncertain for the embattled politician.
Will Khumalo's legal challenge in the Constitutional Court yield a different outcome? Only time will tell as South Africa watches closely, eager to witness the resolution of this gripping political saga.
