Bid to deregister MKP ‘holds no water’
The ANC has lost its case in the Electoral Court seeking the deregistration of the newly-launched uMkhonto weSizwe Party (MKP).
A Business Day report says the court yesterday dismissed its case, saying the governing party has not made a case why the Jacob Zuma-led party should be deregistered.
It found the ANC’s contention that the Electoral Commission (IEC) broke the law by allowing the MKP to supplement its already rejected application ‘holds no water’.
There is no law suggesting the IEC is prohibited from allowing political parties to supplement applications, even if they were initially rejected. The court found other parties had previously supplemented their applications.
It dismissed the ANC’s contention that the rejection of the application meant that the MKP had to start the process afresh.
The court ruled that its reading of the Electoral Act was that as long as there was an application before the CEO he should register the political party.
‘The ANC contention that because the section makes no reference to supplementation, an application cannot be supplemented, holds no water,’ the court said.
The court added the manner in which applications were submitted was not prescribed in section 15 of the regulations.
‘Importantly, the section does not require an applicant to comply fully at the first go. As regards in context, there was no need for an applicant, after an application for registration is rejected by the Electoral Commission, to commence the whole process afresh,’ the court said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
