Zuma Overcomes IEC Disqualification, Set to Return to Parliament

Former President Jacob Zuma has won his appeal against the Independent Electoral Commission (IEC) at the electoral court.

The court’s decision effectively overturns the initial disqualification, enabling Zuma to represent the uMkhonto weSizwe (MK) Party in the forthcoming national elections.

Delivering its judgment, the court stated:
“ORDER
Having heard counsel for the parties and having read the papers filed of record the following order is made:

1. The application for leave to appeal is granted.
2. The appeal succeeds.
   The decision of the Electoral Commission of 28 March 2024 in terms of which the Electoral Commission upheld Dr Matsapola’s objection to the second applicant’s candidacy (Mr Zuma) is set aside and substituted with the following:
   “The objection is hereby dismissed”.
3. No order is made as to costs.”

The bench handling this landmark case comprised Judge President Dumisani Zondi, Judge Lebo Modiba, Prof Nomthandazo Ntlama-Makhanya, Judge Seena Yacoob, and Prof Moss Phooko.

Zuma’s battle with the IEC stemmed from their decision to disqualify him based on a conviction leading to a sentence of over 12 months imprisonment without the option of a fine, as outlined in Section 47 of the Constitution. This law disqualifies individuals from holding legislative seats for five years post-sentence completion.

However, Zuma’s legal representation contended that since he served only three months of his 15-month sentence for contempt of court, Section 47’s stipulations did not apply. They argued that despite the IEC’s views, the presidential remission granted to Zuma did not negate his sentence but merely adjusted its execution.

Dali Mpofu SC, defending Zuma and the MK Party, vehemently argued against the IEC’s authority to enforce Section 47 of the Constitution, deeming their actions as disenfranchising millions who align with the MK Party.

“The point of the matter is that the synonyms for remission are forgiveness in the biblical sense, cancellation, extinguishing and set-aside. The legal fact of remission is to reduce a sentence… The President has the power to pardon even the grossest serial killer,” Mpofu said

Conversely, Tembeka Ngcukaitobi SC, representing the IEC, supported the commission’s stance, arguing that the essence of Zuma’s conviction remained unchanged despite the remission. He underlined the constitutional foundation allowing for such disqualifications and rejected the proposal that only Parliament could determine eligibility for its members.

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