The Constitutional Court has ruled against the application made by the uMkhonto weSizwe (MK) Party to interdict the first sitting of Parliament set for Friday, June 12.
On Tuesday, the party had applied to have the sitting interdicted amid allegations of vote rigging and other irregularities allegedly in the hands of the Electoral Commission of South Africa (IEC).
In its ruling the Apex Court said the party had failed to provide any evidence that warranted the postponing of the National Assembly's first sitting, adding that the party, led by former President Jacob Zuma, failed to invoke its exclusive jurisdiction.
“It is not in the interests of justice to grant direct access as the impugned decisions or conduct first arose between 1 and 2 June 2024, to the knowledge of the applicant. However, despite this knowledge, the applicant only launched the application on 10 June 2024.
“The applicant has failed to show any justification for not bringing this application sooner when it was aware of the constitutional requirement to convene the National Assembly no later than 14 days after the declaration of the election results. In the circumstances, the urgency is thus self-created,” the court said.
In addition, the Constitutional Court said the MK Party’s application failed on its merits adding that despite this knowledge, the party only launched the application on the 10th of the same month.
Therefore, the court finds that the urgency is self-created. The court adds that the party has also misconstrued Section 46 of the Constitution which prescribes that the National Assembly consists of no fewer than 350 and no more than 400 members.
The curt also indicated that the MK Party has not show what kind of damage it will suffer if the interdict is granted.
“The applicant has not made out a case for the granting of an interim interdict as it has neither shown that it will suffer irreparable harm if the interdict is not granted, nor that the balance of convenience favours the granting of the interdict. The applicant has also misconstrued the relevant constitutional provisions it seeks to rely on. In addition, the applicant has not adduced facts to establish a prima facie case in respect of the relief it will seek in the main application, in order to sustain an interim interdict pending the main application,” it said.
Concourt’s decision comes just hours after the Electoral Court also found against suspended MK Party leader Jabulani Khumalo who this week approached the Western Cape High Court seeking to challenge his removal by Parliament from the list of candidates headed to the national legislature.
The electoral court also rejected forgery claims made by Khumalo against Duduzile Zuma-Sambudla.
In his judgment, Judge Lebogang Modiba said Khumalo’s application was “frivolous and completely devoid of merit”.
“It is unclear why Mr Khumalo persisted with the application because, in his case on urgency, it has become moot. As contended on behalf of the respondents, this application should not have seen the light of day.”
The decision of the Western Cape High Court is expected some time today, mere hours before the first sitting of the National Assembly.
The Star