“Parliament’s First Sitting Will Continue As Normal”: ConCourt Dismisses MKP’s Application

• The Constitutional Court dismissed the MK Party's urgent application to block the National Assembly from convening, citing a lack of merit and procedural flaws
• Legal experts noted the party misinterpreted the Constitution and failed to provide substantive evidence
• The court emphasised the importance of following procedural requirements and ensuring democratic governance

Reitumetse Makwea, a Briefly News current affairs journalist in Pretoria, South Africa, has covered local elections, policy changes, the State of the Nation Address and political news at The Citizen and Rekord Noweto for over five years.

The Constitutional Court dismissed the urgent application brought by the uMkhonto we Sizwe party (MKP).

According to legal experts, this was based on a misinterpretation of the Constitution to halt the first sitting of Parliament.

The party sought to prevent the National Assembly from convening on Friday to swear in Members of Parliament (MPs) and elect a new president.

Read also

ANC, DA, IFP, and NFP join forces in KZN coalition and SA has mixed emotions

Procedural requirements not followed for MKP application

Constitutional law expert Mpho Sehume said the court's ruling reaffirms the importance of adhering to procedural requirements and the need for substantive evidence when challenging constitutional and electoral matters.

"The decision upholds the integrity of the judicial process and ensures the continuity of democratic governance.

"The court found the application to be without merit, stating that it did not engage the court's exclusive jurisdiction. Moreover, the court deemed it was not in the interests of justice to grant direct access, highlighting that the urgency cited by the MK Party was self-created due to their last-minute filing."

ConCourt dismissed MKP's urgent application

The court noted that the MK Party did not demonstrate that it would suffer irreparable harm if the interdict were not granted.

See the post with the verdict on X:

Read also

Municipalities call for the removal of party election poster across SA

It also did not establish that the balance of convenience favoured granting the interdict.

“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; the urgency is thus self-created. The application must fail on its merits."

MKP's initial application filed

In its primary filing, the MKP filed an urgent court application to request the court declare Chief Justice Raymond Zondo’s decision to convene the National Assembly unconstitutional.

Sihle Ngubane, the MK Party's secretary general, claimed the elections were not free and fair and referenced evidence of irregularities. However, this evidence was not included in the party's founding papers.

See the post on X below:

The party also challenged the IEC's announcement of the election results and sought an order mandating President Cyril Ramaphosa to call fresh elections within 90 days.

Read also

Swiss renewable energy battle moves to the ballots

MKP's delays in presenting vote-rigging evidence faces backlash

Briefly News previously reported that South Africans expressed frustration and scepticism over MKP's delays in presenting evidence of alleged vote rigging in the recent 2024 General Election.

The party submitted an urgent application to the Constitutional Court to halt Parliament's first sitting. Public criticism on social media mounts, with users questioning motives and efficiency, suggesting delays might be tactical.

Source: Briefly News