Constitutional Court
The Constitutional Court of South Africa (ConCourt) is geared to deliberate on an urgent appeal lodged by the Independent Electoral Commission (IEC) concerning the participation of former President Jacob Zuma in the upcoming May elections. This follows a decision by the Electoral Court that allowed Zuma, associated with the uMkhonto weSizwe (MK) Party, to be included on the parliamentary list.
The Court’s latest directive, announced on Sunday by Deputy Chief Justice Maya, schedules the hearing for the 10th of May 2024, providing a clear timeline for the submission of necessary documents and written arguments by both the IEC and respondents. This pivotal legal engagement emerges just 19 days ahead of what is anticipated to be a closely-watched election.
Previously, the IEC had rejected Zuma’s candidacy based on his conviction and sentencing for defying a court order. The move by the IEC to appeal to the highest court underscores the deep legal complexities and the pressing need for clarity on electoral candidacy qualifications under South African law.
The IEC, asserting its non-partisan stance, emphasises this legal challenge’s purpose to secure free and fair elections by ensuring a proper understanding and application of the constitution. “This appeal is to ascertain clear interpretations for current concerns and guide future elections, affirming our commitment to upholding electoral integrity,” stated an official IEC release.
Meanwhile, the MK Party has criticised the IEC’s decision to appeal, branding it a politically charged manoeuvre influenced by external pressures. In a fiery statement, the MK Party accuses certain groups of compromising the electoral body’s independence and foresights an adverse impact on the judiciary’s integrity should the IEC’s appeal proceed unchecked. The statement also calls for the immediate resignation of IEC leadership, notably singling out Ms. Love, to restore public confidence in the electoral process.
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