Former president Jacob Zuma was at the Electoral Court this week where his uMkhonto weSizwe Party has successfully challenged the decision to bar him from contesting the May 29 elections.
The Electoral Court of South Africa (ECC) has upheld an appeal by the MK Party against the decision of the Electoral Commission of South Africa (IEC) to remove former president Jacob Zuma from its list of candidates due to his conviction of contempt of court and sentenced to a 15-month jail term by the Constitutional Court. The court stated that the IEC's decision to uphold an objection to Zuma appearing on the MK Party's list was set aside and substituted with the following: "The objection is hereby dismissed."
The MK Party expressed its satisfaction with the ruling, stating that it is a historic and landmark ruling asserting the rule of law. The IEC had previously stated that sections 47 and 106 of the Constitution set out the eligibility criteria and qualifications for the National Assembly and provincial legislatures, making Zuma ineligible to contest the elections. Advocate Dali Mpofu SC argued that Zuma was being disadvantaged by the IEC and that the former president was given a lesser sentence as his sentence was remitted by President Cyril Ramaphosa. Advocate Tembeka Ngcukaitobi SC for the IEC argued that the commission was applying Section 47 of the Constitution, which was clear on the selection of candidates to Parliament, and that the remission did not change the Constitutional Court's original sentence.
The MK Party is confident of a favorable outcome, challenging 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. Political analyst Thabani Khumalo said the decision cleared the way for the MK Party to "disrupt" the political landscape in the country. He said the decision provided the party the opportunity to prove its worth at the ballot, stating that while they will not get the two-thirds majority or 50 plus 1 they are aiming for, they are likely to get a percentage that will shake the political landscape.
