Electoral Court publishes full judgement on setting aside IEC's decision on Zuma
The IEC previously disqulaified former statesman Jacob Zuma as a candidate to run for public office under the uMkhonto Wesizwe (MK) Party in the 2024 general elections.
Former President Jacob Zuma addresses members of the media under the banner of new party uMkhontho We Sizwe on 16 December 2023. Picture: Kayleen Morgan/Eyewitness News
JOHANNESBURG - The Electoral Court has published its full judgement for why it set aside the Independent Electoral Commission of South Africa (IEC)'s decision to disqualify Jacob Zuma as a candidate to run for public office under the uMkhonto Wesizwe (MK) Party.
The court says the IEC misinterpreted the provisions of Section 47 of the Constitution.
Under the section - any person sentenced to more than 12 months in prison without the option of a fine is not eligible to stand for a seat in the National Assembly.
While Zuma was sentenced to 15 months in prison in 2021 for contempt of court, the Electoral Court says Section 47 does not apply to him.
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In February 2021, Zuma ignored a subpoena to appear before the state capture commission.
As a result, the commission initiated contempt of court proceedings against Zuma at the Constitutional Court.
Zuma would later be sentenced to 15 months in prison by the Apex Court.
Electoral Court Judge Dumisani Zondi says because Zuma was convicted in the highest court in South Africa, his sentence could not be appealed.
Zondi says Section 47 1(e), which the IEC used to disqualify Zuma applies to people with the option to appeal their sentence and conviction.
This is why the sentence imposed on Zuma is not the one encompassed in Section 47 - explains Zondi.