The Pietermaritzburg Magistrate's Court has rejected an application by the lawyers for an Electoral Commission official charged with breaching the Electoral Act to transfer the matter to the Electoral Tribunal.
Msunduzi IEC regional manager Musawenkosi Muniqati was arrested during the general elections in May. He was arrested for allegedly taking election materials without a police escort. Muniqati appeared in court for the second time in front of a packed courtroom.
Magistrate Edmund Shudlavski ruled that the court had the jurisdiction to hear the matter. He said breaching the election law was a criminal offence and Muniqati should be tried in the magistrates' court. The state government told the court that the investigation was complete and they were ready for trial.
Municathi's lawyers said the sentence still needed to be considered.
“We don't have much information, but we'll review the ruling,” attorney Ashley Jennings said.
MK members welcomed the court's decision.
“The verdict has vindicated us as Umkhonto we'Sizwe in the region. In particular, the defendants and their legal team had wanted the matter to be taken to the Electoral Tribunal but this court decided to stay within its jurisdiction as there is a strong criminal element beyond the electoral dispute. We strongly believe that this proceeding before this court seeks to allege that there were irregularities in the election itself and as an MK party we strongly believe that the election was not free and fair,” said MK's Reggie Ngcobo.
There was a heavy police presence outside the court. The trial was postponed to July 2.
Video: Electoral Tribunal – Court rejects application for IEC Area Manager
