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South Africa is waiting in suspense to hear the reasons for the Electoral Tribunal's ruling that former President Jacob Zuma may run for parliament in next month's national elections, Deputy President Mandisa Maya quipped on Wednesday. Ta.
“I can say that the country is waiting with bated breath for these reasons,” Maya told Deputy Electoral Court Judge Sina Yaqoob in an interview with the Judicial Council (JSC).
Yaqoob is a judge at the Johannesburg High Court and has been a judge on the Electoral Tribunal since February.
She was part of the panel that heard Mr Zuma's appeal against the South African Electoral Commission's (IEC) decision that he was not eligible to be a parliamentary candidate for the Umkhonto Wisizwe (MK) Party. Ta.
The court on Tuesday reversed the IEC's decision to uphold the objection to his candidacy, but the reasons for the decision were not immediately provided.
Yaqoob said the court was quick to issue the order after similar requests were made on the election calendar, but the court was still in the process of elaborating its rationale.
“We agreed to the order, but we thought it was important to provide the order as soon as possible because the reasons were not fully prepared,” she said.
Commissioner Mabok Mangena suggested that the reason was pressing because the IEC could decide whether to appeal the judgment.
“While an appeal is against an order, not the reasons for it, it is up to the litigants to decide what to do with the order and whether to appeal or not, and it is important for litigants to know the reasons.” he submitted.
“We did not have time to clearly explain why, so we will do so as soon as possible,” Yaqoob reiterated, adding that for obvious reasons he could not provide any further response.
This verdict was surprising.
Advocate Thembeka Ngukaitobi said this was a clear case because under Article 47 of the Constitution, those who are sentenced to a term of imprisonment of 12 months or more and who do not have the option of a fine are disqualified from being members of Parliament. The IEC argued that . This was clearly the case with the former president.
In 2021, Zuma was sentenced to 15 months in prison for contempt of court for failing to comply with a Constitutional Court order to testify to the Commission of Inquiry into State Capture.
Advocate Dali Mpofu appealed to the MK party that it is Parliament, not the IEC, that decides whether the ban applies.
He also said President Cyril Ramaphosa's decision to waive his sentence after former corrections chief Arthur Fraser's decision to release Zuma on medical parole after serving less than three months in prison was ruled illegal. It was argued that this meant that the ban did not apply.
Mr Ngcukaitobi countered that while the president can extend a pardon, he cannot rewrite the sentence, so it remains for 15 months regardless of the release date.
Freedom Under Law (FUL), an NGO working to protect the rule of law, on Wednesday called for an explanation without delay, saying the integrity of the electoral process depends on it.
“Given the impending election, it is understandable that an urgent decision is needed on this issue. However, the reasons for the decision are important both for the suitability of the candidate in question and as a general precedent.” said.
“The rule of law requires courts to provide well-motivated reasons for their decisions.
“The prompt provision of reasons for decisions is therefore critical to the credibility of decisions and public confidence in the wider electoral process.
“FUL therefore urges the Electoral Tribunal to urgently publish the reasons for its decision.”
Mr Yaqoob was one of two candidates for the vacancy on the court, the other being Justice Lester Adams of the Johannesburg High Court. The JSC decided not to appoint either and re-advertise the positions.
Interviews did not go well for either candidate.
Yaqoob has had to contend with criticism over delays in sentencing, but Supreme Court of Appeal Deputy President Shola Petse said the record overturned on her appeal makes her candidacy “borderline”. He suggested that there was.
She countered that this was unfair because there were good reasons for the appeals process and she chose to learn from cases where judgments were overturned, adding that they were often upheld on appeal as well.
“The reason the appeals process exists is specifically because it's a safeguard, a safety net. I've given a lot of judgments, most of which haven't even been appealed.”
Mr Adams balked in the face of questions from Mr Nukkaitobi and fellow Inkatha Freedom Party committee member Narend Singh about recent electoral law changes that allow independent candidates to contest parliamentary seats.
