The Electoral Tribunal will next Monday hear Jabulani Khumalo's urgent application against the Electoral Commission of South Africa (IEC). Khumalo, founder of the Umkhonto weSizwe party (MK), was expelled earlier this year.
Khumalo is asking the court to set aside the IEC's decision to remove him as MK leader and appoint former president Jacob Zuma as leader in his place, claiming it is invalid and unlawful.
The legal battle comes as MK has made impressive gains in KwaZulu-Natal by-election results, giving it a provincial lead with 45% of the vote with 36% of constituencies voted in. The party is also ahead of the EFF in the national vote, with 51% of constituencies voted in and MK currently leading with 10.77% of the vote.
Khumalo is asking the court to immediately declare him leader of the MK party. In court papers, Khumalo argues that the Electoral Commission's recording of Zuma as leader of a new political organisation falls outside the scope of the Electoral Commission Act.
Khumalo also alleges that Zuma's daughter, Duduzile Zuma Sambudla, forged Zuma's signature on documents submitted to the IEC to create the impression that the president was stepping down and Zuma would take over.
The court's decision will have an impact on the MK party leadership.
2024 Election | 'I am still leader of the MK party': Jabulani Khumalo