Court challenger: Movement for African Transformation leader Vuyo Zungula. Photo: Fani Mafuntsi/Garo Images
aAfrican Transformation Movement (ATM) president Vuyo Zungula says despite the Umkhonto weSizwe (MK) party’s decision to withdraw its petition calling for the May 29 general elections to be annulled as illegal, the organisation will continue with its own petition.
ATM is not relying on other parties to continue the case, Zungula told the Mail & Guardian on Thursday, adding that the court has yet to set a hearing date.
His comments came a day after former president Jacob Zuma's MK party said it had filed a notice with the Electoral Tribunal to withdraw its complaint against the Electoral Commission of South Africa (IEC), accusing it of acting hastily and against the will of the people by announcing the results over opposition from some political parties.
ATM followed the MK Party's lead and filed an application to contest the election results and demand fresh elections.
In his founding affidavit, Zungula alleged that the party was “the victim of miscalculation, vote rigging and voter corruption.”
In a statement on Wednesday evening, MK spokesman Nhlamulo Ndhlela said the party remained firm in its view that the election results were not credible, free and fair.
On the other hand, the IEC argued that MK made its claims without providing any credible evidence to support them.
Last month, the Constitutional Court rejected MK's application to halt the first session of parliament, saying the party had failed to present “facts on which a prima facie basis for the relief it seeks.”
This week, Ndulela accused the IEC of failing to conduct a credible forensic audit of the electoral system, adding that the MK party had obtained further evidence of electoral fraud and vote rigging.
“However, we have also been informed by our legal advisers that there are procedural and technical issues which will come to the fore further to present such evidence before the application can be adjudicated with a fresh application to set aside the election results and their declaration by the IEC,” he said in a statement.
Ndlela said the withdrawal did not indicate the party did not have a compelling case, nor did it indicate the party was determined to submit its papers.
“The experts we have engaged continue to uncover further evidence of election fraud, evidence so serious that it would be reckless to risk our application being rejected on the basis of the IEC's expertise,” he said.