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  • keyboard_arrow_rightMK Party files appeal against IEC decision on Zuma

MK Party files appeal against IEC decision on Zuma

By: Natasha Archary

IEC decision on Zuma
Image: Dudu Zuma-Sambudla on X

The uMkhonto We Sizwe Party (MK Party) has filed an appeal against the Independent Electoral Commission (IEC) decision to disallow former President Jacob Zuma to run for office in Parliament.

On Thursday, 28 March the IEC confirmed that Zuma will not be on the ballot paper for the upcoming elections on 29 May due to his 2021 prison term.

Following his 2021 conviction for contempt of court, Zuma was given a 15-month prison sentence by the Constitutional Court. As a result, KwaZulu-Natal (KZN) and Gauteng experienced the July Unrest.

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.

In a statement, the MK Party affirmed that the application of Section 47 (1)(e) of the Constitution does not apply to Zuma.


“On the merits, we challenge the application of section 47(1)(e) of the Constitution, arguing that it does not apply to President Zuma for several compelling reasons.

Firstly that, President Zuma was not convicted of an offense in a criminal trial but rather found guilty of civil contempt, which does not constitute a criminal conviction.


Secondly, the sentence imposed on Zuma was appealable due to the Constitutional Court’s order, rendering the proviso in section 47(1)(e) on appeal inapplicable.


Moreover, the issue of the remission of President Zuma’s sentence by President Ramaphosa, which effectively reduced his term to less than 12 months, therefore serving only 3, as such rendering him eligible under section 47(1)(e).

We further criticize the deficiency of the objection lodged against President Zuma, arguing that it oversimplified the issues and failed to address crucial aspects, such as the lack of a criminal conviction and the remission of Zuma’s sentence, as it should.


In conclusion, we challenge the legality and validity of the IEC’s decision, asserting that it was made without proper jurisdiction, influenced by bias, and based on flawed interpretations of the law.”

The MK Party believes the statement by the IEC on its decision against Zuma was premature and compromised the integrity of the entire Commission.

Also read: KZN: 9 killed in shootout with police

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