Khumalo is the founder of the Umkhonto Wesizwe (MK)party but was expelled earlier this year.

Khumalo is asking the court to declare the Electoral Commission of SA's decision to remove him as the leader of the MK party and instead record former President Jacob Zuma as the party leader invalid, unlawful and set it aside.

This court challenge takes place while the preliminary results show the MK party making inroads in KwaZulu-Natal, leading the province at 45% with counting at 36% of the voting districts completed.

The party has also surpassed the opposition Economic Freedom Fighters on the national ballot. Counting has been completed at over 51% of the voting districts and the new party is currently at 10.77%.

Khumalo is asking the specialist court to declare him as the President of the MK party with immediate effect. In papers before the court, Khumalo says the Commission acted outside the scope of the Electoral Commission Act when it recorded Zuma as the President of the new political organisation.

Khumalo further alleges that Zuma's daughter, Duduzile Zuma-Sambudla, forged his signature on a document to the IEC to create the impression that he was stepping down and Zuma would be his replacement.

The decision of the court will have an effect on the leadership of the party.

--SABC--