IEC has jurisdiction to regulate National Assembly membership

JOHANNESBURG - Contrary to uMkhonto weSizwe (MK) Party’s assertions, some legal analysts said the Electoral Commission of South Africa (IEC) does have jurisdiction to regulate the membership of the National Assembly.

Last week, the IEC removed former President Jacob Zuma from the MK Party’s national list because he was not eligible to become a National Assembly member.

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The MK Party has appealed the decision, arguing that the IEC does not have the power to decide who becomes a National Assembly member.

Professor of law at the University of KwaZulu-Natal, Karthy Govender, said the IEC was tasked with determining the eligibility of National Assembly candidates before the elections.

"Otherwise, it would make the whole process a mockery, because people would be elected and subsequently found not to be eligible."

Procedural law lecturer at the University of Pretoria, Llewelyn Curlewis, said he could not see a situation where a court ruled that the IEC did not have jurisdiction to regulate the membership of public representatives.

"Then the matter must be escalated to the Constitutional Court because then it’s a constitutional interpretation of the [Electoral] Act and by implication, time is running out. I cannot see that the matter will be attended to by the Constitutional Court even on an urgent basis."

IEC chairperson Mosotho Moepya has previously said the Electoral Court had until 9 April to make a ruling on the MK Party’s appeal.

IEC has jurisdiction to regulate National Assembly membership - legal analysts

The MK Party appealed the decision by the IEC to remove former President Jacob Zuma from its national list, arguing that it did not have the power to decide who became a National Assembly member.