Rédaction Africa Links 24 with Queenin Masuabi
Published on 2024-04-12 08:59:16
The Electoral Commission of SA (IEC) has decided to take the case involving the interpretation of section 47(1)(e) of the Constitution to the Constitutional Court in order to obtain clarity on the matter. This decision comes after a legal dispute between the uMkhonto Wesizwe (MK) party and the IEC regarding the eligibility of a convicted citizen to hold public office under this law.
The MK party challenged the interpretation of section 47(1)(e), arguing that former President Jacob Zuma’s sentence of 15 months was rendered irrelevant after he spent only three months in prison due to receiving a remission of sentence. The party also contended that the IEC did not have jurisdiction to implement section 47 against Zuma.
In a statement released by the IEC, they emphasized the importance of seeking legal clarification from the highest court in the land to ensure that constitutional provisions relating to elections are clearly understood and applied consistently by all parties involved. The IEC clarified that their decision to appeal to the Constitutional Court was not an attempt to interfere with political matters but rather to guarantee free and fair elections.
The Electoral Court recently ruled in favor of the MK party, allowing Zuma to remain on the parliamentary list and contest in the elections. The court set aside the commission’s decision to uphold an objection against Zuma’s participation, stating that the objection against him was dismissed.
However, despite the ruling, the full judgment explaining the reasoning behind the decision has not been issued by the Electoral Court, causing confusion among observers. Many have questioned the basis for the court’s ruling on Zuma’s eligibility for public office, prompting the IEC to urge the court to release the judgment to clarify the decision-making process.
Despite the lack of a full judgment, Zuma has been listed as the first candidate for the MK party on the IEC website, indicating his potential return to public office. The dispute over Zuma’s eligibility arose after the IEC initially disqualified him from running in the elections following an objection raised by Dr Maroba Matsapola, a member of the public. The MK party successfully appealed this decision, leading to Zuma’s reinstatement as a candidate for the upcoming elections.
In conclusion, the IEC’s decision to seek clarity from the Constitutional Court on the interpretation of section 47(1)(e) of the Constitution is aimed at ensuring transparency and consistency in the application of electoral laws. The ongoing legal battle surrounding Zuma’s eligibility highlights the need for clear legal guidelines to govern the participation of convicted individuals in public office.
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