The uMkhonto weSizwe (MK) Party has appealed the Electoral Commission of South Africa’s (IEC) decision to disqualify its leader, the former president Jacob Zuma, from contesting the upcoming election.
On Friday, 29 March, IEC chairperson Mosotho Moepya announced that Zuma is ineligible to contest the national elections, citing constitutional regulations that disqualify individuals who have been sentenced to more than 12 months in prison. This decision came in the wake of Zuma’s conviction in 2021 for contempt of court, resulting in a 15-month prison sentence.
The MK Party wasted no time challenging this decision, swiftly appealing to the Electoral Court in Bloemfontein. Its legal team outlined several grounds for the appeal, including alleged procedural irregularities and the assertion that the IEC overstepped its jurisdiction in deciding Zuma’s parliamentary candidacy eligibility.
Party lawyers argued that the IEC infringed upon the separation of powers by involving itself in matters about parliamentary membership, which they argue falls within the domain of the National Assembly. They also contend that Zuma’s conviction for civil contempt, as opposed to a criminal offence, renders the basis for his disqualification improper.
Moreover, the MK Party alleges that the IEC displayed bias in handling the matter, citing premature public statements on Zuma’s eligibility before the due process was complete. They argue that this compromised the fairness of the decision-making process and violated Zuma’s political rights.
The party’s spokesperson, Nhlamulo Ndhlela, said, “There is nothing that is going to stop President Zuma, as far as we stand in all aspects, but of course, what we need to do is follow what is prescribed by the Electoral Court.”
The IEC maintains that its decision was based on constitutional provisions and legal frameworks governing candidate eligibility.
The Electoral Court is slated to deliver its verdict on the appeal by April 9th, in anticipation of the IEC’s deadline for releasing the final candidate list on April 10th.
