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OpenJacob Zuma's MK Party Loses Bid To Halt National Assembly First Sitting
The Constitutional Court of South Africa on Wednesday dismissed the application by the uMkhonto weSizwe Political Party (MK Party) led by former President, Jacob Zuma, to interdict the first sitting of the National Assembly to elect a new president scheduled for Friday.
The order, delivered late on Wednesday night, said the decisions at issue in the case were not matters for the Constitutional Court’s exclusive jurisdiction and it was not in the interests of justice to allow the MK Party direct access to the highest court. The court said:
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.
The Constitutional Court also said the MK Party application failed on its merits. It said:
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 Constitutional Court ruled that the relief sought by the MK Party would have adverse consequences for other parties who had not been properly served. It said:
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 order was concurred on by ten justices of the Constitutional Court: Deputy Chief Justice Mandisa Maya, justices Jody Kollapen, Mbuyiseli Madlanga, Stevan Majiedt, Rammaka Mathopo, Nonkosi Mhlantla, Owen Rogers, Leona Theron and Zukisa Tshiqi and acting justice Pat Gamble.
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