Rédaction Africa Links 24 with Queenin Masuabi
Published on 2024-04-03 11:50:45
The uMkhonto Wesizwe (MK) party is challenging the objections raised against former president Jacob Zuma being a candidate on the parliamentary list in the upcoming elections. The Independent Electoral Commission of South Africa (IEC) announced that it would uphold the objections to Zuma’s participation in the elections, citing a violation of the 1996 Constitution which prohibits individuals sentenced to direct imprisonment for 12 months or more with no option of a fine from standing in elections.
The MK party argues that there is a deficiency in the objections as Zuma’s effective sentence was reduced to approximately three months, which falls short of the 12-month threshold stipulated in the Constitution. They believe that the purpose of the section is to consider the ultimate sentence, regardless of any reduction or removal due to appeals or pardons.
Zuma was initially sentenced to 15 months for contempt of court in 2021 but served only three months before being granted medical parole. Although his medical parole was later revoked by the Constitutional Court, President Cyril Ramaphosa granted Zuma remission of his sentence under Section 84(2) of the Constitution.
The MK party also argues that contempt proceedings do not equate to criminal proceedings, and therefore do not constitute a conviction of an offense. They claim that Zuma was not charged with a criminal offense in a court proceeding and was not afforded fair criminal rights as stipulated in the Constitution.
Furthermore, the party claims that the objection process was procedurally unfair as they did not receive any prior notification regarding Zuma’s disqualification. They attribute this oversight to errors in email communication between the IEC and the objectors, resulting in the decision being deemed irregular.
The MK party questions the jurisdiction of the IEC in implementing Section 47(1)(e) of the Constitution, which pertains to regulating membership of the National Assembly. They argue that the IEC’s authority is limited to determining the qualifications of candidates in an election, not the eligibility to be a member of the National Assembly.
The party also alleges bias on the part of the IEC, claiming that the commission prematurely judged the issue of Zuma’s participation and could not have arrived at a fair outcome. In January, IEC commissioner Janet Love stated that Zuma did not meet the requirements to register as a candidate for the upcoming elections, which the party views as a prejudicial stance.
Overall, the MK party is challenging the objections raised against Zuma’s candidacy, citing procedural irregularities, jurisdictional issues, and claims of bias on the part of the IEC. They contend that Zuma’s reduced sentence and the nature of the contempt proceedings should not disqualify him from participating in the elections.
Read the original article on Daily Maverick
