The uMkhonto weSizwe (MK) party has taken the unprecedented step of asking the electoral court to hear oral evidence in its application to have the results of last year’s national and provincial elections set aside. The party, which is seeking a re-run of the May 29 elections, claims that the results were manipulated during a period when the Electoral Commission of South Africa’s (IEC) leader board went offline.
In its court papers, the MK party alleges that there were discrepancies in the voting results from several districts that did not align with the voters’ rolls for each district. This, according to the party, prevented them from securing a two-thirds majority. To support their claims, the party has presented a report by their technical expert, Vusi Mhlongo, which they believe proves that they received more than the 14.5% of the vote they were officially credited with.
The party’s lawyer, Barnabas Xulu, has written to the court requesting that oral evidence be heard to address the reliability of the IEC’s voting capturing and reporting system. Xulu argues that this oral evidence is crucial in clarifying the technical aspects of the dispute and allowing for cross-examination of expert witnesses.
The IEC, in response, has challenged the authority and qualifications of the MK party’s technical expert, Vusi Mhlongo, questioning the validity of the report he compiled. The court is now considering the request for oral arguments and the party’s demand for access to all relevant documents from the IEC.
This legal battle comes after the party’s initial attempt to have the election results set aside was withdrawn without authorization, leading to a request for punitive costs by the IEC. The MK party then filed a second application with the electoral court, bolstered by the report from Mhlongo, in an effort to prove that they received more votes than officially recorded.
While the court has yet to make a decision on whether to proceed with oral arguments, the MK party remains steadfast in its pursuit of justice, determined to prove that the election results were indeed manipulated. As this case unfolds, it underscores the importance of transparency and integrity in the electoral process, ensuring that the voice of every voter is heard and respected.
