A judgement has been reserved on an urgent application brought by expelled Umkhonto weSizwe party founder Jabulani Khumalo.
Lawyers representing former president Jacob Zuma and his MK party argued that the urgent application filed by Khumalo did not meet the statutory requirements for the matter to be brought on an urgent basis.
However, there are requirements that the parties must meet in an emergency application, including that the applicant must convince the court that they have a legal right which should be protected, that they will suffer irreparable harm if the court does not intervene in the matter, and that no alternative legal remedies exist.
His lawyer, Philisiwe May, argued that Khumalo had not met these requirements. He claims his resignation was submitted on April 9.
The Electoral Commission (IEC) implemented the changes as instructed the following day, but it was five weeks before Khumalo applied to court, she added.
“The applicants acknowledge that elections have nothing to do with this matter. But they argue: 'National and local elections are scheduled for May 29, 2024. I intend to make a decision on MKP's election campaign and related matters by that election date. It is therefore important that this application is heard by May 29, 2024. If this application is not heard by that date, I will not be able to obtain substantive relief at a hearing to be held in due course. So if this has nothing to do with elections, why are we here?'
Court Proceedings: