Jacob Zuma addresses members of the uMkhonto weSizwe (MK) party outside the High Court in Johannesburg on April 11, 2024 (Photo by EMMANUEL CROSET/AFP)
The Constitutional Court has brought an action brought by the SA Electoral Commission (IEC) against the Electoral Court's ruling that Jacob Zuma is eligible to be the parliamentary candidate for the Umkhonto Wesizwe (MK) party in the May elections. An appeal will be heard.
The court on Tuesday directed that the answering affidavit be filed by Thursday.
The IEC urgently approached the Supreme Court 10 days ago.
The party said in its founding affidavit that all claims used by his fledgling party to overturn the IEC's decision that the former president was disqualified from membership due to his criminal record were false.
“In all of the arguments made so far, the Electoral Court is legally wrong,” the IEC said in a statement regarding the court's decision handed down a few days ago.
The Electoral Tribunal's order came as a surprise as his background seemed to place him squarely within the purview of Article 47(1)(e) of the Constitution.
The law prohibits anyone sentenced to more than 12 months' imprisonment without the option of a fine from serving as a member of parliament for five years.
The MK Party argued that the IEC exceeded its powers because only Parliament could enforce Article 47(1)(e).
The committee countered that this not only violates the spirit of the law but also shows a flawed logic.
“The word, structure and purpose of article 47(1)(e) are all contrary to its conclusion,” the report said, adding that having to make a decision on eligibility before voting is It added that this was clear from the broader context of the law.
Leaving it up to Congress implies that it will happen after the election.
“Several provisions of the Electoral Act require the Electoral Commission to consider whether a candidate is eligible under section 47(1)(e) before, rather than after, the election. .”
The very purpose of Article 47 is to determine whether a candidate is eligible to stand for election, and it is nonsense to allow a candidate to stand if he or she cannot win a seat in Parliament.
The IEC said that if the appeal is not finalized by the May 29 polling date, “the Electoral Tribunal's erroneous findings will result in a contested election result, because They should have been allowed to participate.” It's a violation of the constitution. ”
The question of Mr Zuma's eligibility to run will “impact the decisions millions of voters will be asked to make at the polling stations”.
Lawyers for the MK party focused on the fact that Zuma only served two months in prison, as his early release on medical parole was ruled illegal and his sentence was reduced.
But IEC advocate Thembeka Ncukaitobi said this argument conflated the Constitutional Court's ruling with Zuma's time in prison. The latter was irrelevant.
“While release will change the length of time Mr Zuma has served, it will not change the sentence imposed.”
He stressed that the president does not have the power to rewrite a prison sentence, so a release will never reduce the sentence imposed.
The IEC applied for a stay of appeal, ignoring the reasons for the Electoral Court's decision, which have not yet been made public. Only orders were given.
With elections looming, the IEC said it could not wait to file an appeal.
Mr Zuma was found guilty of contempt of court for defying a Constitutional Court order to testify before the Commission of Inquiry into State Capture headed by Chief Justice Raymond Zondo.
The MK party said it would demand Zondo's withdrawal if the court agrees to hear the matter.
Tuesday's directive was issued by Deputy Chief Justice Mandisa Maya's office.