Top court order on Zuma’s parliament eligibility vital for free and fair elections: IEC

The Electoral Commission of SA (IEC) says a timely judgment by the Constitutional Court on Jacob Zuma’s eligibility to contest for parliament in May’s elections will be important for a free and fair election outcome.

The commission’s appeal against the electoral court’s judgment which dismissed its decision to disqualify Zuma from standing for parliament, for the uMkhonto weSizwe (MK) party, will be heard by the top court on Friday.

The IEC is waiting for the judgment to be delivered before May 29. Commission chair Mosotho Moepya believes that should the commission not have the judgment before election day, this would cast doubt on the credibility and fairness of the elections.

“If we had removed him [from the parliament candidate list] because we are appealing, and the ConCourt says, ‘No, he should have not been removed’ [he is eligible], we would have acted unlawfully. If, on the other hand, he should not be standing and we let him stand, it is also unlawful.

“We have to do the right thing and clarify that position in interpretation lawfully obtained from this court,” he said in an interview with Newzroom Afrika.

The constitution prohibits anyone who has been sentenced to more than 12 months imprisonment without the option of a fine from becoming an MP.

“The issue in court is that of principle and clarity of the law. The court must help us understand when and how we apply section 47(1)(e).

“It is not the first time we applied the section but we have a new set of circumstances which were argued in court. In this issue there are three different judgment interpretations. That tells us the ConCourt should help us interpret. [The judgment] is important because it will affect the freeness and fairness of the elections. That is why we want that clarity.”

While Zuma has contested at least five of the justices of the apex court hearing the case, the IEC has no issues with them. Moepya said the case was not reopening Zuma’s 2021 15-month imprisonment sentence by the top court for contempt of court.

In the past weeks there have been leadership troubles in the newly formed party. The commission on Tuesday said it was not confused about the MK party’s presidency as Zuma and party founder Jabulani Khumalo had a public row.

Khumalo wanted the commission to remove Zuma from the party’s parliament candidate list. The IEC did not do this, saying Khumalo was no longer the registered party leader since April 10. This was weeks before Zuma axed him from the party.

“The commission only acts on instruction of the registered leader of the party. In the present case, Zuma is the registered leader of MK party. This has been so since April 10,” the commission said.

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