MK founder Jabulani Khumalo in urgent court bid to have his removal set aside

The electoral court has set the wheels in motion to consider an urgent application by Jabulani Khumalo against an Electoral Commission of SA’s (IEC) decision to remove him and record former president Jacob Zuma as president of the uMkhonto weSizwe (MK) party. 

Khumalo wants the decision to be declared invalid, unlawful and set aside. He also wants the court to order the IEC to record him as president of the party.

In terms of a directive issued by the court on Monday, Zuma was expected to file a replying affidavit on Monday by 5pm, and Khumalo was directed to file a replying affidavit by 9am on Tuesday. 

“The court reserves the right to dispose of this (sic) papers on the papers without referral to oral hearing,” it said.

In an affidavit filed on Thursday, Khumalo said he formed the MK party last year and applied to have it registered under his name on June 1 2023. 

That application contained a list of people chosen as the executive body of party with himself as president and other office bearers. 

“In light of this information recorded and recognised by the IEC, Mr Zuma is neither the party leader, the president nor member of its executive committee. I am the president,” Khumalo said. 

Khumalo said Zuma, who was only the face of the MK’s election campaign and held no official position in the party, took a unilateral decision to expel him. 

“To quote hum: ‘Ngiyakuxosha’ (I am expelling you).I understood him to mean he is expelling me and removing me as party leader,” Khumalo said. 

Khumalo said Zuma made two distinct, unlawful and procedural decisions, which were unilaterally to remove him as president and terminate his party membership.

“It seems to me that Ms (Duduzile) Zuma-Sambudla [Zuma’s daughter] forged my signature on a document I did not prepare and sent it to the IEC to create the impression he is now president. Perhaps therein lies the confusion. In it she claims I resigned as MK party leader and [was] replaced by Mr Zuma,” Khumalo said. 

He said the parties correspond, or ought to correspond, with the IEC through their registered email addresses, physical addresses and contact numbers. 

“The fact that the forged letter never came from that designated address, which I have control of, is indicative. More so given that it was sent to the IEC by Ms Zuma-Sambudla specifically.” 

The court said further directives would be issued. 

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