The Electoral Commission of South Africa (IEC) has taken a decisive stance by requesting that the Electoral Court to reject the Umkhonto weSizwe Party’s (MKP’s) request to with draw their court case aimed at overturning the election results.
This move comes in response to the MKP’s “serious allegations’’ on the credibility of the May 29 elections.
According to the IEC’s chief electoral officer, Sy Mamabolo, the MK Party’s assertion that 9.3 million votes were missing was “patently false”.
After accusing the IEC of “deliberate vote-rigging”, the MK Party on Wednesday gave notice to the court that it was withdrawing its case and that it would no longer be challenge the results of the elections.
However, on Friday the IEC wrote to court saying the notice of withdrawal was irregular and asked the court to set down the matter for hearing and argument so that the MKP’s allegations of vote rigging can be publicly ventilated and tested.
Attorney for the IEC Moeti Kanyane said “It is an absolute imperative that the matter is ventilated publicly and a final decision be made by the Electoral Court, at the very least to confirm whether the allegations against the electoral commission were made vexatiously and without just cause’’.
Furthermore, according to the IEC, MKP’s notice of withdrawal did not contain a bid for fees, in contrast to what Rule 41 anticipates. Punitive costs are necessary, it argues, to completely prevent MKP from abusing the legal system.
“The withdrawal is no indication that we do not have a compelling case for the orders we seek,’’ attorney for the MK Party Barnabas Xulu said in the letter.
In a statement released to the media, the MKP said it was resolute and would be filing papers as per the answering affidavit; which it said brought further evidence that strengthens their case against the IEC.
IOL