Khumalo v Electoral Commission of South Africa and Others

Jabulani Khumalo was the founder and interim leader of Umkhonto Wesizwe Political Party (MKP), which was registered with the Electoral Commission in September 2023. In April 2024, the Commission updated MKP’s registration particulars to reflect Jacob Zuma as the party’s leader, based on a letter (JK6) purportedly signed by Khumalo resigning and requesting the change. Khumalo alleged that his signature on JK6 was forged by Duduzile Zuma‑Sambudla and that the Commission acted unlawfully in changing MKP’s records. He sought to review and set aside the Commission’s action and to have himself reinstated as party leader. By the time of the application, Khumalo had been expelled from MKP, an expulsion he did not challenge in these proceedings.

The application was dismissed. Khumalo was found to lack locus standi and to be barred by unreasonable delay. Punitive costs were awarded against the applicant.

The case clarifies the Electoral Court’s review jurisdiction under section 20(1) of the Electoral Commission Act, affirms strict compliance with statutory urgency requirements in electoral reviews, and underscores that expelled members of political parties generally lack standing to litigate internal leadership matters. It also reinforces the application of administrative‑law principles to the Commission’s clerical and regulatory functions.