Following the Electoral Court's ruling in favor of Jacob Zuma, the IEC is seeking guidance from the Constitutional Court on electoral qualifications. (Gallo Images/Fanny Mahunzi)
The SA Electoral Commission has filed an emergency direct appeal with the Constitutional Court challenging the Electoral Tribunal's order banning Umkhonto Wisizwe Party leader Jacob Zuma from participating in the election.
The IEC initially said Zuma could not be a candidate because he had been sentenced to 15 months in prison for contempt of court.
The decision was challenged and the two parties fought it in the Johannesburg Electoral Tribunal on Monday.
On Tuesday, the court ruled in Zuma's favor, meaning he could contest a seat in parliament, and on Wednesday his name topped the MK party's parliamentary list.
However, the IEC is seeking clarity as the Electoral Court did not provide reasons for its order.
“The Commission believes that there is a significant public interest in providing certainty about the appropriate interpretation of section 47(1)(e). [of the Constitution] interaction with the commission’s authority to adjudicate objections to candidates,” it said in a statement Friday.
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“What is more important is that such legal clarification comes from the highest court of the country with constitutional jurisdiction and therefore a direct appeal to the Constitutional Court.
“The Commission does not intend this appeal to engage the political arena, but rather to ensure that the constitutional provisions applicable in relation to elections are clearly understood by all actors and applied equally. We would like to emphasize that our aim is to ensure free and fair elections by ensuring that