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Jacob Zuma's MK Party Loses Bid To Halt National Assembly First Sitting

9 months agoThu, 13 Jun 2024 08:40:18 GMT
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Jacob 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:

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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.

More: IOL, TimesLive

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9 Comments

cde · 9 months ago
tangai hondo mu south umoo ibudire nemuzim timboona kuti musango makamira sei nekuti vamwe varikuti takairwaa timboona zvichimo here or vakarwa ndovakafa sekufa kwatichaitawo ipapa kuitira vana vedu sekufirwa kwatakaita nemagamba chaiwo
🏃‍♀️ Chi baby Che Zanu 🌊 · 9 months ago
Ayas. Ava vane shunguwo
🧐 As i see it · 9 months ago
Zuma could not act promptly nekuti there's been pending cases against and the time frame to file complains against 14 day elapse before the sitting of mps, impeccably congested
fugu pfeee · 9 months ago
zuma anga achida kuita saChamisa. soon muchamunzwa achiti captured courts. chasara achanetsana nema mps eku mk.
@ · 9 months ago
PaZengeza papi? Pane vafa here? Uye zvaitika nguvayi?
🤮 · 9 months ago
Yafa yakaloader. Kangaman relegated to the political dustbin.
Pindula co founder · 9 months ago
Unemployed Zimbabweans are the dûmbest people ever I'm telling you, you do know that I'm an very very successful entrepreneur I own a lot of companies cassava, pindula, spar, seed co and kuvimba mining house just to mention a few I'm rich but some people are coming out of nowhere to say tha am lying 🤥 clowns
baba jukwa · 9 months ago
pa chitungwiza, zengeza one paitika accident inorwadza apo kombi yaruma truck zvakaipa

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