The Electoral Commission (IEC) and the Umkhonto we Sizwe (MK) party will face off for the last time at the Constitutional Court before elections in May.
The Supreme Court is tasked with finalizing the question of former President Jacob Zuma's eligibility to run for public office by clarifying the correct interpretation of Article 47(1)(E) of the Constitution.
This will not only impact the upcoming 2024 polls, but also future elections.
Former Constitutional Court judge Sisi Kampepe said: “I have no choice but to imprison Mr. Zuma, thereby undermining our constitutional governance, the rule of law and the administration of justice.'' I hope it sends a clear message that this will be followed through.” ”
In June 2021, former President Jacob Zuma was sentenced to 15 months in prison for contempt of court by the Constitutional Court for failing to comply with an order to appear before the Zondo Commission.
With the granting of medical parole, a subsequent legal action to revoke his parole, and the granting of a special reduction in sentence, Zuma was effectively free after three months in custody.
A few years later, he was central to the formation of the Umkhonto we Sizwe party and was ranked first on the party's candidate list.
His 15-month sentence will come back to haunt him, leading to his disqualification from running for office following a challenge to the sentence.
Mbekezeli Benjamin, from UCT's School of Public Law, said: “The prison sentence started in July 2021 and ended in October 2022, but because the sentence ended in 2022, he will be disqualified for the next five years. “It will be.” Therefore, he will not be able to become a member of parliament until five years have passed, at the age of 28, or around 2027. ”
However, Mr Zuma is likely to successfully challenge his disqualification from candidacy in the Electoral Tribunal under Article 47(1)(e) of the Constitution.
The Electoral Tribunal will rule in favor of the president, finding, among other things, that the article in question does not apply to him, since his judgment cannot be appealed.
The specialized tribunal recognized that the framers of the Constitution recognized the fact that a convicted and sentenced person has the right to appeal his or her conviction and sentence; found that it was wrong to uphold the challenge against Zuma on this basis.
This led the IEC to consult the Constitutional Court for clarification of this provision before the elections.
IEC Deputy CEO Mawetu Mosely said: “Many constitutional questions remain regarding the outcome of the court's order, but when constitutional questions arise, it is important to provide clarity and understanding.'' It is the Supreme Court, the Constitutional Court.” That's desirable. ”
The Council for the Advancement of the Constitution of South Africa (CASAC) is recognized as a friend of the court and seeks to assist the court in determining the issue by making recommendations that focus on the principle of separation of powers and the nature of presidential powers. . I'll send you a message.
Lawson Naidoo, Executive Director of CASAC, said: The effect of an administrative decision, whether by the Parole Board or in this case by the President, for the purpose of alleviating prison overcrowding is that the effect of an administrative decision, whether by the Parole Board or in this case by the President, is that the administrative decision simply means that the sentence is reduced; has no effect on the prison term. Especially in the context of Article 47 of the Constitution. We believe that the Constitution rightly establishes, in terms of time served, the responsibility of showing and demonstrating regret for conduct that requires a sentence of 12 months or more, and that it is the role of the judiciary to do so. ing. ”
The Supreme Court will hear the matter on Friday, and the question of whether Article 47(1)(E) applies to former presidents will be finalized before a vote is taken.