AN Electoral Commission of South Africa (IEC) official who was caught by Umkhonto weSizwe Party (MKP) supporters leaving a voting station in Pietermaritzburg with boxes of ballot papers on May 29 has a case to answer, ruled the Pietermaritzburg Magistrate’s Court on Tuesday.

Magistrate Edmund Szudrawski ruled in favour of the State prosecutor in an application brought by Msawenkosi Mnikathi’s lawyer, advocate Ashleigh Jennings, in November.

In the application to have the charges withdrawn, Jennings told the court that the State’s electoral fraud case against Mnikathi was too weak to remain in the trial and secure a conviction.

He said there was no law that said Mnikathi should have been accompanied by the police when leaving the station with ballot papers.

He also argued that the fact that the boxes were still sealed meant that Mnikathi had no intention to commit electoral fraud.

However, Szudrawski said there was prima facie evidence against Mnikathi.

“The State has provided sufficient evidence that constitutes prima facie evidence and in this circumstance, the application for discharge is dismissed,” said Szudrawski.

Since the State had finished bringing its witnesses, when the trial continued, Mnikathi and his witnesses would take the stand.

The defence had also argued that MKP supporters who apprehended Mnikathi as he was driving out of a voting station in Imbali township outside the city had not been trained to understand the rules governing the handling of the ballot papers or the transportation of the ballot papers or had no jurisdiction to apprehend Mnikathi as they were not trained for that.

After apprehending Mnikathi, the MKP called two police officers stationed at the voting station, who later joined others in taking him and the boxes to Plessislaer police station.

The boxes were later handed to the IEC.

However, he was not detained but only appeared in court after being summoned to do so.

Addressing the media soon after the case had been adjoined for January 21 to give Mnikathi a chance to give new instructions to his legal team, MKP convenor in KZN Willies Mchunu said MKP supporters had exercised their constitutional right to make citizens’ arrests.

“Police officers were called and they took over the case and registered it.

“This case is in court because MKP members worked with police and as a South African who had previously worked for the government, I know that a South African has a full right to institute a citizen’s arrest of which there is no law that says you should be trained to make the citizen’s arrest,” said Mchunu.

Mchunu said Szudrawski’s ruling against Mnikathi’s application has strengthened the party’s belief that there was vote rigging during the May 29 general elections.

“MKP has been vindicated and all those MKP members who took this matter up must be applauded not just by MKP, but by the nation as justice has to be seen to be done.

“In this case, they did the service to the nation by ensuring that the law is never breached by anybody whether it is a state institution or anybody that is within this government.

“The law must take its cause in this matter,” he said.

He said whether or not the court would at a later stage find Mnikathi guilty or not guilty, the good thing was that he would stand trial.

“Somebody must stand trial for any suspected breach of the law and in this case, that was the intention of those who took the matter up as they were looking for justice to be done and in this instance, justice is being done in the sense that somebody is going to answer and that person is from the IEC,” said Mchunu.

Addressing the crowd outside the court, Mchunu said if the MKP had money, it would have slaughtered two cows for those who apprehended Mnikathi.

bongani.hans@falcons.org.za