The Electoral Court has dismissed an application by Jabulani Khumalo against the Electoral Commission of South Africa’s (IEC) decision to remove him and record former president Jacob Zuma as president of the MK Party (MKP).

Khumalo, who was expelled from the party, asked the court in an application on May 18 to declare the commission’s decision invalid and unlawful and set it aside. He wanted the court to order the IEC record him as president of the party.

This was rejected by the court on Wednesday, with judge Lebogang Modiba saying his case was “riddled with contradictions” and ordering him to pay the costs of Zuma and the MKP.

“The application is frivolous and completely devoid of merit. The respondents have demonstrated Khumalo perjured himself in his affidavits. The application also constitutes an abuse of this court’s process and a waste of its judicial economy and the opposing respondents’ resources. They have incurred legal costs opposing an application that should not have seen the light of day,” she said.

Khumalo was sent packing with other four members in April in what the MKP said was aimed at purifying itself from “rogue elements”.

Khumalo registered the MKP on September 7 with the Electoral Commission of South Africa (IEC).

Khumalo urged all the MKP members who are on the list for parliament to be present at the National Assembly to allow the process of the seventh administration to convene.

“Should any MK member of parliament not avail themselves for understandable fear of victimisation by Mr Zuma and his clique, will not in itself be the basis for parliament not to continue with its business of swearing in members of parliament and continue with its scheduled business on the date chosen by the Chief Justice,” he said.

The statement reads: “Our members of parliament will be present for their swearing in on the designated date.

“The purported MK communication to the effect that parliament is not constituted based on the absence of 58 MK members of parliament is misguided in law and frankly embarrassing.

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