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  • keyboard_arrow_rightElectoral Commission approaches ConCourt for urgent appeal regarding Zuma

Electoral Commission approaches ConCourt for urgent appeal regarding Zuma

By: Natasha Archary

Judgement on Jacob Zuma
Image | @DZumaSambudla

The Electoral Commission has appraoched the Constitutional Court (ConCourt) for clarity on Section 47(1)(e) of the Constitution.

This is in relation to the Electoral Court ruling which ruled former President Jacob Zuma could not run in the upcoming National and Provincial elections in May.

However, Zuma and his newly formed uMkhonto weSizwe (MK) Party filed an appeal against the Independent Electoral Commission (IEC) decision to disallowZuma from the elections and won the appeal.

On Tuesday afternoon, the Electoral Court declared that the complaint regarding Zuma’s candidacy as a member of Parliament had been overturned and that it was giving the MK party permission to appeal.

The MK party and Zuma win their case against IEC disqualification at the Electoral Court

An order was granted allowing Zuma to be on the ballot box on the 29th of May.

Under Section 47(1)(e) of the Constitution it states that a person who has served a sentence of more than a year is unable to serve as a member of parliament (MP), per Section 47 of the constitution.

Following his 2021 conviction for contempt of court, Zuma was given a 15-month prison sentence by the Constitutional Court.

Seeking clarity on the Electoral Court setting aside its decision against Zuma and the MK Party, the Electoral Commission confirmed an urgent and direct appeal will be lodged.

“The Commission confirms that it has lodged an urgent and direct appeal to the Constitutional Court relating to the order of the Electoral Court setting aside its decision following the appeal by the MK Party.
The Commission believes there is substantial public interest in providing certainty on the proper interpretation of section 47(1)(e) and its interplay with the powers of the Commission to adjudicate objections to candidates.

Such clarity is important in the present matter because of a live issue but also for future elections. It is furthermore important that such legal clarification is obtained from the highest court in the land which has constitutional-matter jurisdiction. Hence, a direct appeal to the Constitutional Court.”

This week the IEC released the final candidates list for the elections, and Zuma’s name tops both lists for the National and Provincial Elections.

IEC publishes final candidate lists for 2024 National and Provincial Elections

Also read: Minister Blade Nzimande has dissolved the NSFAS board

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