Rédaction Africa Links 24 with Des Erasmus
Published on 2024-04-09 07:45:55
Former president Jacob Zuma is currently embroiled in a legal battle to determine if he is eligible to participate in the upcoming general elections. The Johannesburg High Court is set to make a ruling on this matter, with Zuma contesting the decision by the Electoral Commission of South Africa (IEC) to exclude him from the list of candidates.
This decision by the IEC is based on Zuma’s 12-month jail sentence, which he served after refusing to testify at the State Capture commission. Zuma, now leading the uMkhonto weSizwe Party, argues that his sentence was remitted by the correctional services commissioner and by President Cyril Ramaphosa, allowing him to be eligible to contest the elections.
Speaking to his supporters outside the court, Zuma emphasized that he had not completed his second term in office when he was recalled by the ANC, making him eligible to run for state president. He highlighted his rights as a citizen and as a former president, stating that there is no legal basis for his exclusion from the election race.
In his court application, Zuma’s lawyers argued that he was not criminally charged, did not undergo a trial, and was not convicted of a criminal offense. They emphasized that the IEC failed to consider his remission of sentence, which reduced his time served to only three months.
Zuma’s legal team, led by advocate Dali Mpofu SC, asserted that the IEC’s decision infringed on Zuma’s rights and deprived uMkhonto weSizwe Party supporters of voting for their chosen candidate. They challenged the IEC’s interpretation of the disqualification criteria, citing unfairness in the application of the rules.
Mpofu argued that Zuma’s remission and the limited time served should make him eligible to participate in the elections, as he was not pardoned but granted remission by the president. He highlighted the IEC’s limited authority regarding candidate eligibility, emphasizing that the National Assembly has the ultimate power in determining its members.
On the other hand, representing the IEC, advocate Tembeka Ngcukaitobi contended that Zuma is currently disqualified from being a candidate and serving in the National Assembly. He maintained that the president’s decision to remit Zuma’s sentence did not change the initial court ruling, and Zuma remains ineligible based on his past actions.
Ultimately, the court’s ruling will determine Zuma’s fate in the upcoming elections and shed light on the application of electoral laws and rights in South Africa. This legal battle showcases the complexities of balancing individual rights with legal requirements in the democratic process.
Read the original article on Mail & Guardian
