Pretoria, South Africa — In a significant legal decision, the Constitutional Court has dismissed an urgent application by former president Jacob Zuma’s MK Party to halt the National Assembly’s Friday session to elect a new president.
In a late-night judgment delivered on Wednesday, the apex court ruled that it lacked jurisdiction to hear the case and that it was not in the interest of justice to grant the MK Party direct access to the court.
The court stated, “It is not in the interests of justice to grant direct access as the impugned decisions or conduct first arose between 1 and 2 June 2024, to the knowledge of the applicant. However, despite this knowledge, the applicant only launched the application on 10 June 2024. 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. In the circumstances, the urgency is thus self-created.”
Moreover, the Constitutional Court noted that the MK Party’s application lacked merit. “The applicant has not made out a case for the granting of an interim interdict as it has neither shown that it will suffer irreparable harm if the interdict is not granted, nor that the balance of convenience favours the granting of the interdict.
The applicant has also misconstrued the relevant constitutional provisions it seeks to rely on. In addition, the applicant has not adduced facts to establish a prima facie case in respect of the relief it will seek in the main application, in order to sustain an interim interdict pending the main application.”
The court further emphasized that the MK Party’s request for relief would adversely affect other parties who had not been properly notified. “Even if the applicant met all the requirements for direct access, absent proper service, the applicant cannot be entitled to the relief sought. Consequently, the application must be dismissed. The application has been refused.”
The decision represents a setback for the MK Party, which had sought to prevent the National Assembly’s session amid ongoing political turmoil. The party, led by Zuma ally Khumalo, has been actively opposing the parliamentary processes following recent election outcomes.
For more on this developing story, visit our political section where we explore the implications of the court’s ruling and the ongoing strategies of the MK Party.
