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SA’s MK Party Goes to Constitutional Court to Halt Swearing-In of Members of Parliament

© AFP 2023 PHILL MAGAKOEMembers of the newly formed uMkhonto weSizwe (MK) party sing and chant outside the Constitutional Court hearing in Johannesburg on May 10, 2024, over their leader and former South African President Jacob Zuma’s eligibility to stand for parliament.
Members of the newly formed uMkhonto weSizwe (MK) party sing and chant outside the Constitutional Court hearing in Johannesburg on May 10, 2024, over their leader and former South African President Jacob Zuma’s eligibility to stand for parliament. - Sputnik Africa, 1920, 10.06.2024
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Following South Africa's national and provincial elections on May 29, the country is set to establish the seventh parliament. Parliamentary spokesman Moloto Mothapo said last week that parliament was fully prepared and all necessary measures had been taken to establish the new National Assembly (lower house of parliament).
The uMkhonto weSizwe (MK) party said last Sunday it seeks to get a court order to prevent the first sitting of parliament.
The party has directed its legal representatives to submit documents to the constitutional court in order to halt the inauguration of National Assembly members, citing "grossly serious grievances of possible election fraud and rigging."

"Furthermore, and in defense 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," the statement read.

Last Friday, the party sent a letter to the Chief Justice and the Secretary to Parliament, requesting a postponement of the initial session of parliament. The purpose of this request is to contest the legitimacy of the 2024 general election results.

Moreover, the party asserted that "the absence of [58 of its] members will prevent achieving the composition of the 350 members required to lawfully constitute the National Assembly."

Nevertheless, Secretary of Parliament Xolile George earlier informed South African news publisher Eyewitness News that a quorum could be achieved with only 134 MPs.

"For passing bills and any matters you need the majority of members, but for any other matter, you need one-third of matters of that house, that house being the National Assembly," he was quoted as saying.

Chief Justice Raymond Zondo is anticipated to declare the first session of parliament this week. He will oversee the election of the deputy speaker and speaker of parliament, according to local media.
Election volunteers count ballots at Craighall Park Elementary school in Johannesburg, South Africa, Wednesday May 29, 2024. - Sputnik Africa, 1920, 03.06.2024
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In recent elections, the ruling African National Congress had won 159 seats in the National Assembly out of 400, which means it didn't receive a parliamentary majority for the first time since 1994, when the first democratic elections were held.
According to the official results, the ANC is followed by the Democratic Alliance party with 87 parliamentary seats, the uMkhonto weSizwe (MK) party with 58 seats, and the Economic Freedom Fighters party with 39 seats. The remaining parliamentary seats were received by 14 other parties.
On the day the results were announced, June 2, former South African President and leader of the MK party, Jacob Zuma, urged the country's electoral commission not to announce the results of the general elections due to alleged irregularities in the electoral process.
Later that day, the MK party boycotted the proclamation of electoral results, according to its spokesperson.
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