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The Electoral Commission of SA (IEC) has approached the Constitutional Court (ConCourt) on an urgent basis to appeal the ruling by the Electoral Court that paved the way for former president Jacob Zuma to stand as a candidate for the upcoming general elections.
On Tuesday, the Electoral Court ordered the IEC to include Zuma’s name on the uMkhonto weSizwe Party’s (MKP) list of candidates for Parliament after the party successfully appealed the commission’s decision to exclude him from the list.
READ: Zuma rides again! - Electoral court clears former president to stand as MKP candidate in elections
The IEC had upheld an objection from a member of the public to Zuma’s candidacy due to his criminal record for contempt of court, citing section 47 of the Constitution, which disqualifies a party candidate who was sentenced to more than 12 months in prison without the option of a fine from contesting a seat as a member of Parliament.
In 2021, the ConCourt sentenced Zuma to 15 months in prison for defying its order to appear before the state capture commission of inquiry.
However, in August last year, President Cyril Ramaphosa gave his predecessor a remission of sentence after serving just three months in jail.
'Substantial public interest'
In a statement on Friday, the IEC confirmed it had lodged an urgent and direct appeal to the ConCourt relating to the order of the Electoral Court setting aside its decision to remove Zuma from the MKP’s candidate list.
The commission said it believes there is “substantial public interest” in the apex court providing certainty on the proper interpretation of section 47(1)(e) of the Constitution, which deals with the eligibility of candidates for Parliament.
The IEC said it wanted the ConCourt to hand down its judgment before the 29 May national and provincial elections.
It stated:
“Such clarity is important in the present matter because of a live issue but also for future elections. It is furthermore important that such legal clarification is obtained from the highest court in the land which has constitutional-matter jurisdiction. Hence, a direct appeal to the Constitutional Court.”
'Political field of play'
The IEC further said its decision to appeal the Electoral Court’s ruling should not be seen as the commission getting involved in politics.
The IEC said:
Zuma slams IEC
Meanwhile, addressing supporters of the MKP on Thursday, Zuma hailed the Electoral Court’s judgment to allow him to stand for the elections.
READ: Zuma applauds court victories of MKP: ‘They were coming after us over nothing’
The former president also criticised the IEC for disqualifying him due to his contempt of court conviction in 2021.
He called on the commission to not get involved in politics and to uphold fairness in its treatment of all parties.
Zuma said:
Zuma made the remarks outside the Johannesburg High Court after briefly appearing for his private prosecution case against Ramaphosa, which was postponed to 6 August.
