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The Electoral Court has ordered the Electoral Commission of SA (IEC) to include former president Jacob Zuma on the Umkhonto weSizwe Party's (MKP) electoral list for Parliament.
On Tuesday, 9 April 2024, the court overturned the IEC's decision to bar Zuma from running for a seat in the National Assembly.
The electoral court's verdict, which was emailed to all parties, stated that after hearing counsel for the parties and reading the parties' filed documents, the application for leave to appeal is granted, and the appeal succeeds.
READ: IEC bars Zuma from contesting upcoming elections
The order continued:
MKP filed an appeal last Tuesday to the IEC's decision to remove Zuma from the list of candidates eligible to run in the elections.
On Monday, the Electoral Court in Johannesburg listened to arguments for both MKP and the IEC.
READ: MK Party says electoral court ruling on IEC registration shows judiciary is ‘no longer biased’
Zuma's representative, Dali Mpofu, contended that the IEC lacked the jurisdiction to apply section 47 of the Constitution to Zuma and ban him from running for public office.
He accused the IEC of getting excited in all types of matters when it comes to the MKP and said that he wanted to warn the IEC not to descend into the political arena.
Mpofu argued that Zuma spent only three months in prison after he received a remission of sentence, which rendered his initial sentence of 15 months irrelevant.
He said:
“The president has the power to pardon even the grossest serial killer,” he said.
Meanwhile, Tembeka Ngcukaitobi, who was representing the IEC, stated that Zuma was not qualified to be a candidate "right now" and was not eligible to serve in the National Assembly.
Ngcukaitobi stated that the president's decision to reduce Zuma's jail term could not be used to modify his sentence.
He said:
He said if the court ruled in favour of the MKP, it would mean that some people sitting in Parliament did not qualify to be there.
In 2021, Zuma faced a 15-month prison term after being found guilty of contempt of court for refusing to appear in the Zondo Commission of Inquiry into State Capture.
He was granted a remission of sentence in 2023, for the remaining period, following his release on medical parole.
Zuma was imprisoned for three months.
The Electoral Court overturned the IEC's decision without making a cost order.
