MK party has decided to interdict the convening of the unconstitutional sitting of inaugural session of the National Assembly
10 June 2024
On Friday, June 7, 2024, the MK Party's legal representatives issued a formal demand to the Chief Justice and the Secretary to Parliament, the authorities responsible for arranging the inaugural session of the National Assembly within 14 days following the election results announcement. We argue that unresolved objections and the veracity of the substance by MK Party and other political parties who represent the will of the people, render this "market based" declaration, and consequently the sitting and all its activities unconstitutional. Furthermore, and in defence of our people's constitutional rights, the MK Party will file papers with the constitutional court to interdict the swearing in of party nominated candidates as members of the National Assembly until our grievances, which are premised on allegations of election fraud and rigging, are thoroughly addressed by the courts. Legally, the absence of MK Party members will prevent achieving the composition of the 350 members required to lawfully constitute the National Assembly, further invalidating the session which aims to appoint a President and therefore the government of the country.
Despite our legally sound and legitimate objections as submitted in line with section 55 to the IEC, the parliament's response disregarded our request by spearheading an agenda to proceed regardless of such concerns which are serious in their nature. In response, we have directed our attorneys to urgently seek an interdict from the Constitutional Court to postpone the session while these critical legal issues and questionable election results which point to grossly serious grievances of possible election fraud and rigging are addressed. In lieu of parliaments posture, we are compelled to express grave concerns about the Secretary of Parliament, but most crucially the Chief Justice for their premature statement or judgements regarding issues related to the matter at hand, knowing that the matter may end up in court. It is our concern that these types of prejudicial statements and pronouncements could compromise the impartiality required when this matter ends up in court as it will. Sadly, such conduct, which continues unabated especially by the Chief Justice, further undermines public confidence in essential state institutions, including Parliament and the judiciary as a whole.
The MK Party and other political parties remain committed through peaceful and constitutional means to safeguard the political integrity and the will of the people by ensuring that every citizen's vote is accounted for so that the outcome of the National Assembly representation is the will of the people in the true organic sense. Hence it remains our strong resolve that allowing the National Assembly to sit amidst such significant doubts on the legal validity of the election process would be a betrayal of the electorate's trust, who expect their votes to be honoured and reflected accurately in governmental proceedings.
MK Party and other concerned political parties, including their members will continue to exercise their peaceful democratic right in seeking to ensure that the election results are free and fair. We remain confident and resolute in ensuring that the re-run of elections will take place within 3 months as per section 49(3) of the constitution, once the sham of the election results have been set aside by the court.
Issued by Nhlamulo Ndhlela, Media and Communications, MK Party, 10 June 2024
