Former South African president and Mkhonto weSizwe (MK Party) leader Jacob Zuma speaks at a press conference at the Independent Electoral Commission's (IEC) National Election Results Operations Centre in Midrand, South Africa, Saturday, June 1, 2024. (Leon Sadiki/Bloomberg via Getty Images)
The Constitutional Court dismissed an urgent application filed by the Umkhonto weSizwe (MK) party on Monday to stop Parliament from convening on Friday to swear in lawmakers and elect a new president.
In a ruling released late Wednesday night, the court said the claims were without merit and that it would not exercise exclusive jurisdiction.
Granting direct access would not have been in the interests of justice, as the parties had created a sense of urgency by filing documents at the last minute.
The court noted that the procedures by the Electoral Commission of South Africa that the party criticised – namely, the rejection of the election challenge and the announcement of the election results – took place on May 1st and 2nd.
“However, despite knowing this, applicants only started their applications on June 10.
“The applicants have failed to justify their failure to file this application sooner, despite being aware of the constitutional requirement to convene Parliament within 14 days of the announcement of the election results. The urgency is self-created.”
The MK Party did not argue that it would suffer irreparable harm if the injunction was not granted or that the balance of convenience favoured the granting of the injunction.
“The petition must be rejected in its essence,” the court said, adding that the party had misinterpreted the constitutional provisions it sought to rely on.
“Furthermore, the applicant has not submitted any evidence to establish prima facie facts in respect of the relief sought in the main application.”
The lead parties asked the court to declare that Chief Justice Raymond Zondo's decision to convene the National Assembly and the announcement of the election results by the Electoral Commission of South Africa (IEC) were unconstitutional.
The company had asked the court to annul the election results and order the fourth defendant, President Cyril Ramaphosa, to call fresh elections within 90 days.
MK party secretary-general Sihle Ngubane claimed in its founding affidavit that the election was “far from free and fair”. He suggested the party had evidence of fraud but said there was no point in including it in its founding document.
Lawyers predicted the application would fail, saying it was based on a misreading of the constitution.
The party argued that 58 of its lawmakers would boycott the session, resulting in fewer than 350 members being present and thus preventing a properly constituted National Assembly. However, Article 53 of the Constitution clearly stipulates that the National Assembly can elect a new speaker if at least one-third of the 400 members are present.