Jacob Zuma, a “supporter” of the MK party. (MKP/X)
Former president Jacob Zuma will hear whether he is eligible to take part in this year's general election when the Johannesburg High Court hands down its ruling on Tuesday.
Mr Zuma challenged a decision by the South African Electoral Commission (IEC) to remove him from the list of candidates eligible to take part in the election. The IEC argued that Mr Zuma's 12-month prison term prevented him from competing in the race.
Mr Zuma, who now leads the National Party, was jailed for 15 months after refusing a Supreme Court order to testify before the State Capture Commission.
Mr Zuma's application to the court depends on whether then-Correctional Service Commissioner Arthur Fraser and President Cyril Ramaphosa grant him a three-month suspended sentence. Zuma was granted immunity from his sentence by the president in August 2023.
Mr Zuma told supporters outside the High Court on Tuesday that he was entitled to become state president because he had not yet completed his second and final term when the ANC recalled him. did.
“How can I deny it when it is enshrined in the constitution? Boy Nkandla could not complete his two terms. If they tell me to go home, no one will stop me. . They forget that I haven't finished my term, but I still have work to accomplish,” Zuma said.
“While I was a member of the ANC, I was part of the government. I have never heard that if you quit the other party and start your own party, you do not have the right to be president of that party. I didn't write anything like that,” he added.
In their application to the court to have the IEC ruling set aside, the former president's lawyers said that although Mr Zuma has not been criminally charged, tried or convicted of any criminal offense, He said he was the subject of a civil contempt lawsuit. This meant that his removal from the list based on the conviction was inappropriate.
Lawyers said the IEC also did not consider suspending the sentence, given that Zuma had served just three months after being released on medical parole in September 2021.
Dali Mpofu SC, defending Mr Zuma's lawyer, said the IEC's decision to dismiss his client was a violation of his rights and denied Umkhonto Wisizwe party supporters the right to vote for candidates of their choice. He insisted that it would be stolen.
“We are addressing the rights of former President Zuma that were violated. Article 19(3b) provides that every citizen has the right to run for political office and, if elected, to hold political office. “There is,” Mpofu said.
“We found that the IEC's attitude on this matter was, 'Let's see where we can get him, and when we do, let's make sure he doesn't come out alive.' That should not be the attitude of a South African institution, much less an independent body tasked with ensuring that all Article 19 rights are realized. ”
The IEC maintains that the basis for disqualification is a conviction for a crime and a sentence of imprisonment for more than 12 months without the option of a fine.
This means Mr Zuma can only participate in elections five years after his prison sentence. This was the point at which Mr Zuma's lawyers argued that the decision was unfair.
Mpofu argued on Monday that Zuma was eligible to participate in the election because he was in remission and had served three months of his 12-month sentence. He said that although Zuma was not pardoned, a pardon was granted by Ramaphosa.
“What we're saying is that if he's pardoned, this argument doesn't hold, but the effect of a pardon is clearly defined as either canceling the sentence or suspending the sentence. In that case, as a result of remission, the final sentence would be three months. Once the sentence is withdrawn, it will be set aside, even if it is as a result of remission.”
Mr Mpofu said what they were arguing was that the IEC had no power or else it would have to tell the court where it would get the power to implement Article 47.
Article 47 primarily deals with the fact that all citizens eligible to vote for members of the National Assembly are eligible to become members.
“The answer is: nowhere.'' It doesn't work that way and you can't wake up and do whatever you want. When applying the rule of law, we do not say that you can do anything that is not prohibited. It says we can only do what the law allows us to do. ”
Mr Mpofu said the IEC only had the power to administer elections.
“Parliament is tasked with managing its affairs, including deciding who is a member and who is not. Ideally, the IEC would allow me to be listed now. , and then in April that person is sentenced to 10 years, what happens? The IEC has nothing to do with that,” he added.
“Parliament has to respond. It is Parliament that has to tell the person that he or she is not qualified to be an MP. The IEC will have no part in this.”
Mr Mpofu accused the IEC of getting excited over all kinds of issues when it came to the Umkhonto Wisizwe party, saying he wanted to warn the IEC against entering the political arena.
IEC advocate Thembeka Ngukaitobi said Mr Zuma was not eligible to be a candidate “at this time” and was not eligible to sit in parliament.
Mr Ncukaitobi said the president's decision to waive Mr Zuma's sentence could not be used to change his sentence.
“It was not even the president’s decision to change it from 15 months to 3 months. “The president did not change Mr Zuma's sentence; he had the power to change the sentence.”
He added that Mr Ramaphosa's decision had no bearing on the sentence given to Mr Zuma by the court.
“Zuma is disqualified,” he said. “This should not be confused with his time served and his release date. Remission did not change the sentence; it simply determined the release period. Administrative authorities should not sentence you to 15 months in prison. I cannot say, but I can say that we have forgiven you and you have been released,” Ngukaitobi said.
“The fact that the president says, “I don't want to keep the sick and the elderly in prison because I have the authority to do so,'' doesn't mean he can go back and rewrite the sentence.”
He said if the court rules in favor of the MK party, it would mean that some people attending parliament would not be eligible to attend parliament.
“It is true that some people will lose their right to the National Assembly. There is no debate here about the exclusive authority of the Election Commission. At the election stage, the examination is carried out by the IEC. , the court holds that this ground must be rejected as without merit.”