Update | Jacob Zuma can stand for election, Electoral Court rules

Former president and Umkhonto wesizwe party leader Jacob Zuma has won a lawsuit against the IEC. (Tebogo Letsie, City Press)

• The Electoral Tribunal on Tuesday overruled the South African Electoral Commission (IEC)'s decision to disqualify former president Jacob Zuma from contesting the next election.
• This means Mr Zuma can contest the election as the Umkhonto Wisizwe Party candidate.
• Find everything you need to know about the 2024 general election in News24's election hub.

Former president Jacob Zuma can participate in the election as a candidate for the Umkhonto Wisizwe party, the Electoral Tribunal has ruled.

The court on Tuesday overruled a decision by the South African Electoral Commission (IEC) to block Mr Zuma from contesting a parliamentary seat.

The IEC announced that he cannot be a candidate because he has been sentenced to 15 months in prison for contempt of court.

The court overturned that decision.

“The appeal was successful. Regarding the Election Commission's decision of March 28, 2024, the Election Commission upheld Dr. [Maroba] Mr Matsapora's objection to the second candidate's candidacy [Mr Zuma] is hereby set aside and replaced by: Objection is hereby overruled. ” states.

Read | Zuma tells MK party supporters outside court at Union Buildings: 'We have unfinished business'

The IEC argued on Monday that Mr Zuma is disqualified from parliament under Article 47(1)(e) of the constitution and cannot contest the May general election.

Article 88 of the Constitution states: “The term of office of the President shall begin upon his assumption of office and shall end upon the occurrence of a vacancy or upon the assumption of office of the next elected President.”

IEC Mr Zuma argued that because he was sentenced to 15 months in prison for contempt of court, he could not be a member of parliament under Article 47.

The two parties fought in court after the IEC decided to uphold an objection to Zuma's inclusion on the MK party's parliamentary list due to his criminal record.

Mr Matsapola and Bethuel Terence Nkosi, who filed the complaint against Zuma, were listed as second and third respondents, while IEC became the first respondent.

Mr Zuma is the number one candidate on the MK party's parliamentary list.

Read | Ramaphosa spares Zuma jail sentence at center of legal blow in election tribunal

Defense lawyer Dali Mpofu told the Electoral Tribunal that Zuma was granted immunity, so his sentence was only for the three months he had served, rather than the full 15 months. .

Mr Mpofu said Mr Zuma had not been convicted through any criminal process, including a trial, and President Cyril Ramaphosa's decision to pardon him effectively reduced his sentence by 15 months. said that it was done.

“The bottom line is that we all know there was no trial, no plea, no court appearance.

“He is the only person who has been in prison without being convicted or acquitted. That is Mr Zuma.”

Zuma was granted pardon in August 2023, but was jailed in July 2021 for failing to comply with a Constitutional Court order to appear at the Zondo inquiry into state capture.

Mr Mpofu told the court that the IEC was biased because Commissioner Janet Love failed to recuse herself from the decision-making committee.

This came after she told a media briefing that legally Mr Zuma could not qualify based on his conviction.

Read | MK party goes to court challenging IEC decision barring Zuma from contesting elections

South Carolina barrister Thembeka Ncukaitobi, who represents the IEC, told the court that Section 47 of the Constitution is intended to ensure that lawbreakers cannot become members of Congress.

“What the framers of the Constitution are trying to tell us is that serious lawbreakers should not be members of parliament. That is the purpose behind section 47.” [1] [e] It’s about the Constitution,” he said.

Ngukaitobi said the court's pardon did not mean Zuma was innocent. “Zuma was found guilty of contempt. This is a conviction.”

“Whether or not this contempt was carried out through a specific process is irrelevant; what is clear is that Mr Zuma was found guilty.

“Was this a crime? The answer is yes. Was there a conviction? The answer is yes. Are we dealing with a convicted person? The facts here are that I We're dealing with people who have been convicted of crimes.”

Read | IEC acted 'within the law' by excluding Zuma from election, says chief electoral officer

The IEC submitted to the court that there was no prejudice in the case because Ms. Love had no control over the media headlines and it was caused by her comments.

The court found that she had only said that Mr Zuma was not legally entitled to stand, and that her comments were not personal.

After the court proceedings, Mr Zuma told a crowd of MK party supporters outside that he would have no hesitation if he were elected to a third term.

“When people say, 'Hey, get there quickly,' no one can stop me. They forget that I haven't finished my term, and they fire me before I finish my term. did.

“Sometimes I have to go over there and take care of you.” [at the Union Buildings],” He said.

“Moreover, when I was in government as a member of the ANC, I never once heard anyone say that if you leave the ANC and start your own party, you have no right to be president of that party. Never.

“These people don't know anything about us. They just read about us.”

Zuma was recalled in 2018.