ANC warns of threat to free and fair elections if MK remains on ballot

The African National Congress (ANC) has warned the Electoral Court in Bloemfontein of
potential consequences for free and fair elections if their application to have the registration
of the uMkhonto weSizwe (MK) Party declared unlawful is dismissed.

On Tuesday, the court heard arguments from the ANC seeking to overturn the Independent
Electoral Commission’s (IEC) registration of the MK Party. The ANC had initially failed to
submit its objection to the party’s registration on time, leading the IEC to dismiss the case
initially.

The ANC’s legal counsel, Advocate Tshidiso Ramogale, argued to the court that its decision
could have serious implications for electoral integrity. Ramogale stated, “If you cast aside the
rule of law in this particular application, there is a serious immaterial threat to whether the
elections we are about to have in May are indeed free and fair.”

Ramogale contended that the legality of a party’s presence on the ballot is a core issue the
Electoral Court was established to decide upon to “protect free and fair elections” and
uphold the rule of law. He warned that if unsuccessful, the ANC would approach the High
Court, potentially leading to attempts to “unscramble the egg after 29 May” if they rule in the
ANC’s favor after elections.

However, the IEC’s legal representative Terry Motau cautioned the court that ruling for the
ANC despite their failure to follow proper procedures would encourage other parties to
disregard due process as well.

The MK Party’s advocate Dali Mpofu dismissed the ANC’s explanation that the festive
season prevented them from appealing the IEC decision initially as “unintelligible.”

The judgment has been reserved as the Electoral Court weighs the potential impacts of its
ruling on the upcoming national elections. Whichever way it rules could have significant
ramifications for perceptions of electoral integrity.