Former KZN MEC Valentin Volker (91) gives his opinion on former President Jacob Zuma, who will be on the IEC ballot.Photo: Ncubeko Mbele
Retired politician and former MEC Valentin Volker, 91, has rejected the electoral court's ruling allowing former president Jacob Zuma to stand in the upcoming May 29 general election despite his criminal record. I gave my opinion on the debate surrounding this issue.
On Tuesday, the Electoral Court ruled against the Independent Electoral Commission (IEC)'s decision to bar Zuma, who was sentenced to 15 months in prison by the Constitutional Court in 2021, from standing as a candidate in the next election. overturned.
The court issued the order immediately after making the finding, but has not yet made public the full text of the judgment, including the reasons for the decision.
This has sparked significant debate, as the Constitution provides for the seemingly contrary view that individuals sentenced to more than 12 months in prison without the option of paying a fine cannot be sworn in as members of parliament. .
Volker, who was a member of the National Party (NP) parliament in the 1960s, said he was not surprised by the ruling.
“What people need to understand is that the requirements for candidacy are not as stringent as the requirements for winning a seat in Congress.
“The constitution makes it clear that no person who has been sentenced to imprisonment for more than 12 months without the option of a fine may serve as a member of parliament.
“It is therefore likely that post-election rules will apply, resulting in Mr Zuma being barred from holding a seat in parliament.”
Mr Volker said there was precedent for the Zuma election tribunal's legal issues.
In 1966, electoral candidate Theo Culwick, then a minister in Kenya, then a British colony, was allowed to run as a parliamentary candidate in Durban after staying in the country for just over a year.
However, after the election, the court ruled that Cullwick had no right to hold a seat as an MP, given that the law states that a foreigner must have lived in the country for at least five years to hold a seat. It was ruled that he was ineligible. Parliament.
“I was a member of Parliament when Cullwick was disqualified in 1966. What the Cullwick affair teaches us is that even if it happened more than 50 years ago, The legal requirements necessary for this were different from the legal requirements that would allow individuals to serve as members of parliament.The hurdles for obtaining a seat in parliament were much higher.
“I'm not saying this because I have any complaints against Zuma. In fact, I know Zuma personally. What I'm saying is written in the constitution. There is,” he said.
Mr Volker, who served as an MPL in the KZN Parliament from 1994 to 2004, is one of the prominent politicians in the state and nationally. He was also involved in constitutional negotiations at the state level.
Mr. Volker also served as the national chairman of the NP's youth wing. He currently lives in Hayfield, Pietermaritzburg.
This article first appeared in The Witness.