Former President Jacob Zuma
The Electoral Court has finally provided reasons for its decision to allow former President Jacob Zuma to run for parliament. The Court has overturned the decision by the Electoral Commission of South Africa (IEC), which had previously disqualified former President Jacob Zuma from running as a candidate for the Umkhonto we Sizwe (MK) Political Party in the upcoming elections.
This decision follows an appeal by Zuma and the MK Party against the IEC’s ruling, which was based on an objection raised by Dr. Matsapola, questioning Zuma’s eligibility due to a previous sentence imposed on him for contempt of court.
Initially, the IEC had upheld objections against Zuma’s candidacy, claiming he did not meet the required qualifications due to a prior sentence exceeding 12 months without the option of a fine. This sentence was related to Zuma’s non-compliance with a Constitutional Court order, leading to his conviction for contempt of court and a resulting 15-month prison sentence. However, Zuma’s sentence was later remitted by a presidential order, releasing him after serving approximately three months.
The crux of the matter centered around whether the sentence imposed on Zuma rendered him ineligible to be a member of the National Assembly, as outlined in Section 47(1)(e) of the Constitution. Zuma’s legal team argued that the remission of his sentence by President Cyril Ramaphosa, which was part of a broader initiative to reduce overcrowding in prisons, effectively rendered his sentence to less than 12 months, therefore, not disqualifying him from parliamentary candidacy.
The judgment, which was met with anticipation and wide public interest, was delivered electronically by a bench including Justice Zondi, in agreement with Modiba J, Yacoob AJ, and Professors Ntlama-Makhanya and Phooko on Friday. The court found that the Electoral Commission overstepped its boundaries by upholding the objection against Zuma’s candidacy, stating that it did not correctly interpret the constitutional provisions regarding candidacy eligibility.
“In reinterpretation of the relevant constitutional provisions, it becomes evident that the remission granted to Zuma does indeed influence the effective sentence served, making him eligible for candidacy,” Justice Zondi elucidated.
The court thereby granted the appeal, allowing Zuma’s inclusion in the MK Party’s candidate list and highlighting a significant moment that underscores the interplay between law, politics, and the rights of individuals to participate in the political arena.
In a concurrent but partly dissenting opinion, Judge Modiba J specifically addressed the complex issues surrounding the legal effects of sentence remission on eligibility for public office under the South African Constitution. Modiba J emphasised that the general remission issued by the President should not be viewed as modifying the imposed sentence’s legal basis but rather as altering its execution. This interpretation underscores a nuanced approach to understanding the balance between executive discretion and the safeguarding of constitutional principles.
No order was made as to costs
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