Expelled Jabulani Khumalo loses another case against MKP as ...
On Wednesday, the Electoral Court dismissed Khumalo's case, stating that his legal arguments were frivolous and lacked substance.
POLITICS
Expelled Jabulani Khumalo has lost his bid to be reinstated as a Member of Parliament for the Umkhonto weSizwe Party (MKP) in a second legal setback against the party this week.
The founder of the MKP approached the Western Cape High Court to seek reinstatement as an MP, but his urgent case was struck off the roll for lack of urgency.
On 18 May, Khumalo approached the Electoral Court in Johannesburg, seeking to overturn the Independent Electoral Commission of SA's (IEC) decision to substitute him with MKP leader and former president Jacob Zuma as the leader of the party.
He requested the court set aside the decision, arguing it was invalid and unlawful.
READ: Duduzile Zuma-Sambudla accused of forging Jabulani Khumalo's resignation letter from MK Party
However, on Wednesday, the Electoral Court dismissed Khumalo's case, stating that his legal arguments were frivolous and lacked substance.
The court ruled:
As further contended on behalf of the respondents, Mr Khumalo’s version is riddled with contradictions. He placed Zuma on precautionary suspension on 5 May 2024. Yet, he alleged in his founding affidavit that Mr Zuma was never a member of the MK Party.
When delivering the judgment, Judge Lebogang Modiba noted that Khumalo claimed the IEC application to change the party leader's name was based on a meeting that took place on 23 April.
However, the application itself was dated 9 April.
Khumalo, who was expelled from the MKP for allegedly working against the party, claimed in his court papers that Zuma’s daughter, Duduzile Zuma-Sambudla, forged his signature and sent a letter to the commission requesting the removal of his name from the MKP's particulars.
He argued that since he did not send the letter to the electoral body as required by Regulation 9 of the regulations for the registration of political parties, the IEC exceeded its powers by acting on the request sent by Zuma using the allegedly fraudulent letter.
Modiba said Khumalo’s version of events was full of contradictions.
READ: ConCourt rejects MKP bid to halt National Assembly's first sitting
He ruled that Khumalo’s application constitutes an abuse of the court’s process and a waste of its judicial economy and the opposing respondents’ resources.
He said:
They have incurred legal costs opposing an application that should not have seen the light of day. It would be unfair to leave the respondents out of pocket under these circumstances.
“A punitive costs order against Mr Khumalo is the most appropriate way of censuring Mr Khumalo’s conduct and sending a message to the public that making false statements under oath and abuse of this court’s process will not be countenanced.”
Meanwhile, Zuma-Sambudla issued a statement on Wednesday, announcing that she is meeting with her lawyers with the intention of initiating defamation proceedings against Khumalo.
According to Zuma-Sambudla Khumalo’s actions aimed at her credibility, and that of MKP cannot go unchallenged.
She said:
I intend to pursue all available remedies hold him accountable for his deceitful behaviour and the unwarranted distress it has caused.
Zuma-Sambudla added that the case is not about clearing her name only, but also about standing up against those who misuse the legal system to “further their own vindictive ends.”
READ: MK Party files papers with ConCourt to halt Zondo from proceeding with first parliamentary sitting
Khumalo refuses to go down without a fightOn Tuesday, Khumalo filed an urgent application at the Western Cape High Court to prevent the MKP from blocking his reinstatement as an MP.
Advocate Thabani Masuku, representing Zuma, argued that Khumalo's application for reinstatement was "hopeless. "The sky will not fall if Mr Khumalo is not sworn in tomorrow,” Masuku stated. The Western Cape High Court ruled that Khumalo failed to demonstrate the urgency of the matter.
