By Anita Dangazele
The Constitutional Court on Monday overturned the Electoral Court decision and ruled that former president Jacob Zuma is not eligible to run for the 29 May elections.
The Electoral Commission of South Africa (IEC) lodged an urgent application to challenge Zuma’s inclusion in the Umkhonto Wesizwe (MK) Party’s Parliamentary list.
The commission had released a list of candidates of parties, and in line with the law, asked for objections.
It received an objection against Zuma because of his 15-month prison sentence for defying the Constitutional Court in 2021.
The IEC argued that according to the Constitution, Zuma was automatically removed from participating in public office.
Section 47 states that anyone who is convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, would not be eligible for public office.
“But no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired,” says the section.
In April, a court overturned the disqualification, saying the relevant section of the constitution applied only to people who had a chance to appeal against their sentences, which had not been Zuma’s case.
The electoral commission then challenged that decision in the constitutional court.
The ConCourt ruling on Monday said: “It is declared that Mr. Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment and is accordingly not eligible to be a member of, and not qualified to stand for election to, the National Assembly.”
Zuma loyalists allegedly made violent threats should he be disqualified from running for Parliament.
Pictured above: Umkhonto Wesizwe leader and former president of the country Jacob Zuma.
Image source: X
