Ousted uMkhonto weSizwe Party (MKP) founder Jabulani Khumalo has demanded that the Independent Electoral Commission of South Africa (IEC) reinstate him as party leader or face legal action.
His lawyer has sent a letter of demand to the IEC, saying Khumalo did not resign as party leader.
He gave the electoral body until Tuesday to reinstate him.
Speaking to “The Mercury“ the commission said it was aware of the letter of demand, adding that there was little it could do about it.
Khumalo is challenging the authenticity of the letter sent to the IEC on April 9, claiming that he had relinquished the leadership of the party to former president Jacob Zuma.
In that letter, which bears Khumalo’s name and what is said to be his signature, it said, “I hereby tender my resignation as party leader and request to be replaced by (former) president Jacob Zuma.”
The letter goes on to state that Zuma should be the face on the ballot paper.
Khumalo was expelled shortly after by the MKP along with a few other members amid accusations of wrongdoing.
In the letter of demand sent to the IEC, dated May 11, Khumalo claimed the letter sent to the IEC in April was forged. He said the IEC failed to conduct due diligence to determine the authenticity of the letter.
His attorney of record, Ligege Attorneys, confirmed to be acting for Khumalo.
“He applied for the MKP to be registered as a political party with the IEC.
In that application, he recorded the MKP contact details for purposes of correspondence with the IEC. The IEC approved the application.
“One would have expected that the IEC would correspond with the MKP using those details, directed to him as a contact person and vice versa to effect any changes to the MKP status, executive and president details.
“That did not happen and that forms the basis of this letter,” the attorneys said.
The letter added that Khumalo reasonably suspects that “Ms Duduzile Zuma-Sambudla – Zuma’s daughter –co-ordinated a forged letter dated April 9, 2024, which letter was sent to you from an email address that was not listed on the MKP contact details.
“Mr Khumalo then dispatched a letter to you advising you of this (forgery) and instructed you to revert the MKP president details to his name.
“You did not do so.
“If anything, you gave effect to the forged letter and changed the details of the party president to Mr Zuma.
“Strangely, you were prepared to accept the forged letter’s contents and made changes from an email address our client presumes you do not know of, but have difficulties effecting changes from the IEC-recognised founder and president, which communication was sent from an email address you know to be of the MKP registered founder and president. We would appreciate an explanation from the IEC explaining this anomaly.
“In the circumstances, our client yet again, asks that you reflect him as the president of the MKP by no later than Tuesday, May 14, 2024, (today) failing which we hold instructions to litigate the matter on an urgent basis,” the letter of demand said.
The IEC’s deputy CEO Mawethu Mosery confirmed receiving the lawyer’s letter and that they have responded to it.
He said the IEC will wait on what Khumalo decides to do as the next step. Should he decide to go to court, the commission will wait for the court order and implement it as directed.
Mosery said there are serious implications should the court find against the commission.
“We will not oppose the application he makes but we will go to court to explain the logic and practicality (of delivering the elections. There are ballot papers already overseas that some people will be using to vote in the coming days. Any decision against the commission on the matter would mean having to change the ballot paper and what the implications are of having to vote on a different ballot paper in a few days’ time,” he said.
Mosery said as far as the commission was concerned, it was practically impossible to make any changes at this late stage.
MKP spokesperson Nhlamulo Ndhlela described Khumalo’s actions as “an act of desperation”.
“He (Khumalo) signed the letter, there were witnesses. There are even videos where he speaks on the matter and says he had signed the letter, saying Zuma must be the leader,” Ndhlela said.
Attempts to reach Khumalo’s attorney were unsuccessful on Monday.
The Mercury