Alleged MK Party leader Khumalo flees from Joburg court as defiant party members attack

The founder of the MK Party, Jabulani Khumalo, on Monday had to flee from the Johannesburg high court as a group of MK Party members attacked and stoned his car as he left the court premises.

Khumalo's car was pelted with stones by the angry crowd, some of whom were hurling insults at him and gesturing for him to go away. The crowd was defiant that they do not want to be led by him and have accepted former president Jacob Zuma as their head. 

As Khumalo and his security vehicles attempted to speed away from the scene, they collided with two vehicles. 

The court had heard a case brought by Khumalo wherein he alleged that the former president of the country and incumbent leader of the MK, Jacob Zuma, and his daughter, Duduzile, had carried out a plot to overthrow him from the party he started.

Shortly after Khumalo left, Zuma addressed the crowd of supporters where he told them that Khumalo was paid “a lot” of money by people he won’t name, to challenge the party’s leadership in court.

“In the struggle, there were people that were bought and sold out. This is something we are used to,” Zuma said.

The Electoral Court, sitting in the high court, had on Monday heard how Duduzile Zuma-Sambadla, Zuma's daughter, allegedly authored Khumalo's resignation letter and sent it to the Electoral Commission without his knowledge and allegedly faked his signature. 

The court was hearing an urgent application brought by Khumalo who wants the court to remove Zuma as MK Party leader. Khumalo claims he is the founder of the party and he is the one who registered it with the IEC and that his name was listed as the party’s leader.

Through his lawyer, Mfesane Ka-Siboto, he told the court that the resignation letter sent to the IEC was drafted and signed by Zuma’s daughter, Duduzile.

This came after Khumalo had sent the IEC a letter, which he signed, where he did not resign as the leader but only stated that the party would be changing the face on the ballot paper to that of Zuma.

We have now allegations of forgery being refuted by corroborative evidence by the alleged forger and at least one other eye witness

—  Advocate Dali Mpofu, for the MK Party

Ka-Siboto said the Electoral Act’s regulations for the registration of political parties states only the founder and registered leader may change the party’s registration details. 

In response to Khumalo’s letter, the IEC tried to confirm whether these changes meant the party would also be changing its registered leader. But it was Duduzile who responded in an e-mail instead, the court heard. On behalf of Khumalo, she allegedly authored and signed his resignation letter before sending it to the IEC.

According to Ka-Siboto, she had not copied Khumalo in the e-mail unlike with the other communication trail with the commission.

The letter stated that Khumalo was resigning as the leader and that Zuma should rather be registered as the president of the party, he said.

Even if Duduzile had sent the letter on behalf of Khumalo, the Electoral Act states that only the registered party leader may make such changes to the chief electoral officer.

Ka-Siboto listed discrepancies between the two letters, such as the different headers, page format and the signatures, which, he said, were not alike.

“The point we are making is that these letters are not authored by the same person and there is a reason why when the letter was sent to the IEC, Mr Khumalo was omitted [from the e-mail],” he told the court.

Zuma and his daughter are denying the allegations.

Advocate Dali Mpofu, who represents the MK Party, said Khumalo should be charged with perjury for giving false statements under oath.

Mpofu read out a statement made by Khumalo at a gathering with MK members about his expulsion from the party, where he confirmed that he had written to the IEC to give up his powers as leader to Zuma.

In the statement, Khumalo said he wrote to the IEC to explain that Zuma would be on the ballot paper as the party is not divided.

Once the IEC disputed the letter, he contacted them to question why his request had not been adhered to, where he emphasised that he had sent two letters to make his request.

Another crime committed by Khumalo was defamation due to allegations that Duduzile forged his signature, Mpofu said. Instead, Khumalo signed the letter in the presence of MK members and leaders. This was also corroborated by Khumalo’s brother, Raymond Khumalo, who submitted an affidavit confirming that he witnessed the signing of the letter.

“The letter was signed by [Khumalo] during a meeting and in the presence of at least two other witnesses, in addition to [Duduzile] ... all of whom were members or leaders of the party ... There are eyewitnesses who say they were there when the document was signed.

“We have now allegations of forgery being refuted by corroborative evidence by the alleged forger and at least one other eye witness.”

Judgment was reserved.