Some constitutional experts say MK Party missed the window to challenge election results

JOHANNESBURG - Some constitutional experts say the Umkhonto Wesizwe (MK) Party missed the window to challenge election results citing that this significantly weakens their case.

The MK Party has filed an urgent application to the Constitutional Court seeking to prevent the first sitting of Parliament this Friday.

In its court papers, the party claims there was widespread irregularities with the electoral process calling for the results to be declared null and void.

The rules of the Electoral Court say parties have to submit their appeals no later than three-days after the declaration of the results.

Research and advocacy officer at Judges Matter Mbekezeli Benjamin says the electoral court was the best place for the MK party to ventilate its grievances.

"There doesn't seem to be much weight behind the case, so it is surprising seeing them going to the Constitutional Court to seek something could have got at the Electoral Court."

Executive Secretary of the Advancement of the South African Constitution Lawson Naidoo said that the MK Party cannot claim urgency after missing the deadline.

"They appear to be bringing an application to the ConCourt through the backdoor, to effectively set aside the results of the election and call for a new election, its a stretch too far."

At this stage, it is unclear whether the ConCourt will hear the MK Party’s application before Friday's first Parliament sitting.