The Electoral Court has dismissed an urgent application by the Umkhonto Wesizwe Party challenging the Electoral Commission of South Africa’s decision to withdraw its preferred candidate in the Msunduzi Municipality by-election.Â
The MK Party approached the court following a decision made by the Commission to withdraw its nominated candidate, Nkosinathi Cyprian Mshengu, replacing him with Sithabiso Siboniso Nkabinde. This decision stemmed from a nomination submitted by Cebisile Zuma, who acted on behalf of Dr Kwazi Mbanjwa, the registered contact person for the MK Party. The contention arose because Vusumuzi Mvelase, who initially submitted Mshengu’s name, was not recognised as the registered contact person, rendering his submission invalid.Â
The urgency of the case was underscored by the looming by-election date, originally set for 18 December 2023. The court noted that the MK Party had attempted to resolve the nomination issue with the Commission prior to seeking judicial intervention, illustrating their necessity to act promptly given the circumstances.Â
Professor MR Phooko, presiding over the case alongside several fellow judges, articulated that both the MK Party and the Commission had failed in their duties, citing lack of diligence as a crucial factor in the arising disputes. The court ruled that the Commission’s processes should be robust enough to prevent such uncertainties regarding candidate nominations.Â
The MK Party’s argument hinged on the absence of a democratic process in Nkabinde’s nomination. They asserted that Mshengu was elected through a more legitimate internal nomination process, receiving a higher number of votes. The court, however, found that the pressing need for adherence to regulation superseded the party’s internal disputes, concluding that the Commission acted within its rights by trusting the authority of its registered contact person.Â
The court then dismissed the MK Party’s application, reinforcing the judgment with stern reminders of the constitutional mandates governing free and fair elections. While the MK Party sought to reinstate Mshengu’s candidacy, its failure to uphold regulatory requirements meant that the court could not grant their requests, as doing so would undermine the electoral process.Â
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