Rédaction Africa Links 24 with Des Erasmus
Published on 2024-04-11 15:39:13
Former KZN MEC Valentin Volker (91) has shared his thoughts on the controversial decision by the Electoral Court to allow former President Jacob Zuma to stand on the IEC ballot for the upcoming general elections. The court overturned the Independent Electoral Commission’s initial decision to bar Zuma from contesting due to his criminal record, which includes a 15-month jail term handed down by the Constitutional Court in 2021. Despite the ruling, the full judgment with reasons for the decision has not been released, sparking a debate on the constitutionality of allowing Zuma to participate in the elections.
Volker, a retired politician who previously served as a National Party (NP) MP in the 60s, expressed his lack of surprise at the court’s ruling. He emphasized that the requirements for contesting are different from those for taking up a seat in Parliament. According to the Constitution, individuals sentenced to more than twelve months in prison without the option of a fine are ineligible to become MPs. Volker predicts that after the elections, Zuma may be prevented from taking up his seat in Parliament based on this constitutional provision.
Drawing on a historical precedent, Volker cited the case of Theo Culwick, a candidate who was allowed to contest in the 1966 elections but later disqualified from taking up a seat as an MP due to legal requirements. Culwick’s case demonstrated the distinction between contesting and taking up a seat in Parliament, highlighting the stricter criteria for parliamentary eligibility.
Despite his stance on the matter, Volker clarified that his comments were based on constitutional principles rather than personal bias against Zuma. Having served as a KZN Legislature MPL from 1994 to 2004 and played a role in constitutional negotiations, Volker is a respected figure in provincial and national politics. He also reflected on his time as the national chairperson of the NP’s youth wing and currently resides in Hayfields, Pietermaritzburg.
The intricacies of the Zuma Electoral Court case have stirred significant discourse, with observers closely monitoring the implications of the ruling on the upcoming elections. Volker’s insights provide a historical and constitutional perspective on the controversy surrounding Zuma’s candidacy and the potential consequences post-election. As the debate continues, the ultimate decision on Zuma’s parliamentary eligibility remains to be seen, pending further clarification from the court.
This article was originally published in The Witness and delves into the nuanced legal and political considerations surrounding Zuma’s candidacy in the upcoming elections. As the electoral process unfolds, the implications of the court’s ruling on Zuma’s political future will undoubtedly be a subject of extensive analysis and scrutiny.
Read the original article on Mail & Guardian
