Jabulani Khumalo, legal adviser to the founding president of the Umkhonto weSizwe party, has alleged that a letter sent to the Electoral Commission calling for a change of leadership was forged.
Lawyer Mphesane ka Sibotho said there was enough evidence to conclude that former president Jacob Zuma's daughter had forged the letter.
Ka Sibotho said Duduzile Zuma Sambudla deliberately did not copy Khumalo in his email correspondence with the commission.
Ka Siboto is representing Khumalo at the Electoral Tribunal and is bringing an urgent application to have him reinstated as MK leader.
A letter from the Independent Electoral Commission (IEC) to Khumalo said he did not want to be replaced as leader, as the IEC itself said. In a phone call, Khumalo said he did not want to be replaced as leader of MK, the commission said.
“She then replied to that email, omitted Mr Khumalo's name as the person to whom she was copied and submitted a letter of resignation purportedly from my client. In the letter she wrote that Mr Khumalo would be stepping down and appointing Mr Zuma as chairperson of Umkhonto weSizwe. Mr Khumalo had no knowledge of this letter,” Ka Sibotho added.
Khumalo's lawyers also argue that Zuma's daughter did not have the power to remove Khumalo from his position as party leader.
According to Rule 9 on the registration of political parties, any change in the details of a registered political party must be notified to the Election Officer in writing by the registered contact person or leader of the party within 30 days of the change.
Ka Siboto said Zuma Sambudla was neither the party's liaison officer nor its leader, as stipulated in the rules.
“Given the fact that the IEC knows that Ms Zuma Sambudla is not the party leader, it should not have accepted her communication as that would be in breach of rule 9. We argue that this is very significant as even if there was an amendment, she is not even a liaison officer.”
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