Zuma poll judgment expected today
Publish date: 22 April 2024
Issue Number: 1073
Diary: IBA Legalbrief Africa
Category: South Africa
Even if the Constitutional Court rules in favour of the appeal by the Electoral Commission of SA (IEC), former President Jacob Zuma’s face will still be on the ballot paper. However, due to his criminal record he may be ineligible to become an MP. The Sunday Tribune reports that Zuma’s name was initially removed from the MK Party candidate list after the IEC had received an objection against him, but was later reinstated by the Electoral Court, which has yet to release its full judgment to justify its decision. IEC deputy CEO Mawethu Mosery said if the apex court ruled against the Electoral Court, Zuma would still appear on the ballot paper as ‘he is the party leader’. ‘The ballot paper and the leader of the party go hand in hand, whether the party’s leader qualifies to go to Parliament or not,’ he said. The IEC is appealing on an urgent basis against the Electoral Court’s ruling and the matter has yet to be argued in the Constitutional Court. Jabulani Khumalo, who is second on the MK list, said the Electoral Court would release its full judgment today.
The objection was based on the fact that Zuma was sentenced to a 15-month jail term without an option of a fine three years ago for defying a Constitutional Court order that he appear before the State Capture Commission. The Sunday Tribune notes that Mosery said even if Zuma appeared on the ballot paper as the face of the MK Party, if the Constitutional Court ruled in favour of the IEC’S appeal, Zuma would not qualify to be an MP. ‘You can be a leader of a party but still say, “I don’t want to go to Parliament”. All I am saying is that to be a leader of a party does not suggest or demand that you are also a candidate to go to the legislature. There is no such requirement.’ MK spokesperson Nhlamuko Ndhela accused the IEC of waging a proxy war against Zuma. ‘The IEC is now entering political space and is now becoming a player and an arbiter. They are now politicising this matter.’
