Zuma vs IEC: Legal experts believes in likelihood of ConCourt ruling against Electoral Court
The Constitutional Court is yet to make a judgement after the IEC appealed an Electoral Court ruling that allows former president Jacob Zuma to run for public office.
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 - Some legal experts believe it's unlikely that the Electoral Commission of South Africa (IEC) will lose its appeal against an Electoral Court ruling giving former president Jacob Zuma the green light to stand for public office in the upcoming elections.
Earlier this month the court upheld a challenge from Zuma and his Umkhonto Wesizwe Party (MK)against a decision by the IEC to disqualify him, as a result of the 15-month prison sentence he was given in 2021 for contempt.
The IEC subsequently lodged an appeal bid with the constitutional court, which - according to weekend reports - has now agreed to hear it on the 10th of May.
READ: IEC disqualifies Zuma from standing as a candidate in upcoming elections
"I will be surprised if the appeal is not necessarily successful. I'm happy that the IEC took the matter on appeal because I do think there are reasonable prospects of the Constitutional Court coming to a different conclusion," said the University of Pretoria’s Dr Llewelyn Curlewis.
Curlewis believes it is in the interests of the country that the apex court considers the matter.
"Because a precedent will be set for future reference if ever such a situation ever comes before our courts again. So, this is a first in our country, so it’s not like we can refer to previous court cases as precedents to assist us in getting to an answer here.
"So first and foremost, for purposes of legal certainty," he said, noting that it's important that the court "considers the matter and gives clarity and finality in the interpretation of Section 47 of the Constitution."