IEC files urgent Constitutional Court appeal against Zuma Order More
Former President Jacob Zuma
The Independent Electoral Commission (IEC) has filed an urgent appeal at the Constitutional Court against the Electoral Court’s order allowing Jacob Zuma to stand for election as a member of Parliament (MP).
The IEC wants clarity on Zuma’s eligibility, arguing that there is a risk that a person who is not eligible may be allowed to contest.
The IEC had disqualified him from standing for public office, based on his July 2021 sentence for contempt of court. In 2021, the Constitutional Court convicted Zuma of contempt of court and sentenced him to 15 months in prison. However, he only served three months following a decision to release him on medical parole, which was set aside by the Supreme Court of Appeal in 2023. On the day Zuma returned to prison, he was granted special remission of sentence.
The MK Party nominated the former President as a candidate in March, but several individuals submitted objections against his nomination. The IEC upheld the objections, citing section 47 (1) (e) of the Constitution which bars persons convicted of a crime and sentenced to more than 12 months in prison without the option of a fine from becoming MPs.
The MK Party appealed the IEC’s decision at the Electoral Court, arguing that the remission meant that his sentence was effectively the three months he had served, not 15 months. The Electoral Court ruled in MK Party’s favour but did not issue reasons immediately because of time constraints.
IEC files urgent appeal
On Thursday (11 April), the IEC petitioned South Africa’s apex court to make a final ruling on the matter and served papers to MK Party and Zuma.
“The question presented is whether Mr Zuma was convicted of an offense and sentenced to more than 12 months’ imprisonment for the purposes of section 47 (1) (e) of the Constitution, rendering him ineligible to stand for election to the National Assembly,” IEC Chairperson Mosotho Moepya said in his founding affidavit.
He argued that it was in the public interest for the Constitutional Court to have jurisdiction over the matter and issue a ruling before the 29 May elections.
The IEC has already published the final candidate lists, with Zuma listed as the MK Party’s number one candidate.
