Zuma Barred from Parliament: The Constitutional Court’s Historic Ruling
The Constitutional Court of South Africa has ruled that Jacob Zuma, the leader of the Umkhonto weSizwe (MK) Party, is ineligible to serve as a Member of Parliament (MP). This verdict stems from his 15-month prison sentence for contempt of court.
Summary of Judgment from the Constitutional Court of South Africa
Case Reference: CCT 97/24
Neutral Citation: Electoral Commission of South Africa v Umkhonto Wesizwe Political Party and Others [2024] ZACC 6
Judgment by: Theron J (unanimous)
Hearing Date: 10 May 2024
Decision Date: 20 May 2024
Key Legal Issues and Findings:
1. Recusal:
An application for the recusal of certain judges was dismissed. The court found no reasonable apprehension of bias, affirming the judges’ impartiality.
2. Judicial Issues:
The court interpreted Section 47(1)(e) of the Constitution, which disqualifies individuals sentenced to more than 12 months’ imprisonment from standing for the National Assembly.
3. Effect of Remission of Sentences:
It ruled that remission does not alter the original sentence for the purposes of Section 47(1)(e), maintaining Zuma’s disqualification.
4. Electoral Commission’s Powers:
The court upheld the Electoral Commission’s authority to determine qualifications for National Assembly members, validating its decision to declare Zuma ineligible.
5. Conviction and Qualification:
Zuma’s conviction for civil contempt of court, despite the lack of a traditional criminal trial, was deemed sufficient under Section 47(1)(e).
Order:
- Leave to Appeal: Granted to the Electoral Commission.
- Disqualification: Zuma was declared ineligible to stand for election to the National Assembly until five years after completing his sentence.
- Electoral Court Decision: Set aside and replaced with a dismissal.
- Counter-application: Dismissed.
- Costs: No order was made.
The Complex Legal Journey
The legal proceedings commenced on Friday, 10 May 2024, when the Constitutional Court reserved its judgment. Nine justices deliberated the crucial issue of Zuma’s eligibility, culminating in the historic 20 May decision.
On 13 May 2024, further complexity arose as the Constitutional Court sought additional submissions from the Electoral Commission of South Africa (IEC), the MK Party, and Zuma himself. This was due to comments made by IEC Commissioner Janet Love, which sparked concerns about impartiality. The submissions were required by 14 May.
The crux of the case involved the IEC’s appeal against the Electoral Court’s previous ruling, which found Zuma eligible to run for public office, despite Love’s comments suggesting he was ineligible due to his 2021 imprisonment for contempt of court.
Background to Zuma’s Legal Challenges
Zuma’s 2021 conviction by the Constitutional Court was for contempt of court, arising from accusations of state capture, corruption, and fraud. Serving three months in the Estcourt Correctional Centre, he was released on medical parole. However, the Supreme Court of Appeal ruled on 21 November 2022 that his parole was unlawfully granted, ordering his return to prison on 11 August 2023. On the same day, due to prison overcrowding, President Cyril Ramaphosa and Justice Minister Ronald Lamola granted special remission of sentence to Zuma and over 9,000 inmates.
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