Khumalo loses bid to be reinstated as MKP leader

MK Party founder Jabulani Khumalo has lost his bid to have the decision to remove him as leader of the party and replace him with former president Jacob Zuma declared invalid, unlawful and set aside.

The Electoral Court said in a judgment delivered on Wednesday that Khumalo, as an expelled member of MKP, did not have a standing to seek relief concerning the leadership of the party. 

It also found that he failed to bring his urgent application within a reasonable time. The court further labeled Khumalo's application as frivolous and completely devoid of merit.  

"The application also constitutes an abuse of this court’s process and a waste of its judicial economy and the opposing respondents’ resources," the court said.  

It also said it was unclear why Khumalo persisted with the application because on his case on urgency, it had become moot.

"As contended on behalf of the respondents, this application should not have seen the light of day."

Khumalo approached the court on an urgent basis, alleging that Zuma's daughter Duduzile Zuma-Sambudla forged his signature and sent a fraudulent letter to the electoral commission informing it that he (Khumalo) has resigned, and that he would be replaced by the former president.

The party denied the allegations of fraud and forgery.

"The respondents have put up a version in support of their opposition of Khumalo’s application. They do more than simply provide a bare denial. Their version is not far-fetched and is well substantiated. This court can reasonably rely on it.

"In my view, the commission did not breach regulation 9 by accepting JK6 as emailed by Zuma-Sambudla. Regulation 9 only requires that changes to the deed of foundation be communicated by the party leader to the commission in writing. This is what JK6 purports to do.

"As a result of the email trail between Khumalo and the commission regarding the photo for the ballot paper, Khumalo’s reluctance to change the party leader on the commission’s records, Khumalo’s insistence that Zuma’s photo be used, the commission’s insistence that the party leader’s photo should be used and Khumalo’s undertaking to sort the issue out, the commission acted reasonably by accepting JK6 as sent by Zuma-Sambudla. It had no legal duty to confirm with Khumalo that he was the author of the letter, particularly under these circumstances," the court said.  

The court also pointed out that the respondents in the matter had demonstrated that Khumalo perjured himself in his affidavits.

"He alleges that Zuma-Sambudla is not part of the MKP leadership. Yet, on February 24 2024, he advised the commission by way of a letter that MKP has appointed the ILC [Interim leadership core] listing Zuma-Sambudla as one of its members.

"He denies that Zuma is the president of MKP. Yet, he made that assertion in a media statement to which the respondents referred this court. In his founding affidavit, he states that Zuma is not a member of MKP. Yet, he attached a letter to the same affidavit suspending Zuma from MKP pending disciplinary proceedings."