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The uMkhonto Wesizwe (MK) occasion has continued its successful streak within the courts and can make sure that the face of its marketing campaign, former president Jacob Zuma, is just not faraway from its Parliamentary lists.
The Electoral Courtroom dominated on Tuesday afternoon that it was granting the MK occasion go away to enchantment and that the objection towards Zuma’s candidacy to turn into a Member of Parliament had been put aside.
“The applying for go away to enchantment is granted. The enchantment succeeds. The choice of the Electoral Fee of 28 March 2024 by way of which the Electoral Fee upheld Dr [Maroba] Matsapola’s objection to the second applicant’s candidacy (Mr Zuma) is put aside and substituted with the next: ‘The objection is hereby dismissed’,” the order reads.
Zuma is an integral a part of the MK occasion’s marketing campaign as he has drawn giant crowds and assist for the occasion, which was formally registered in September 2023.
Nonetheless, his look on the occasion’s candidate checklist got here beneath scrutiny as Zuma appeared to violate the supply within the Structure that bars candidates who’ve obtained a 12-month or extra jail sentence, with out the choice of a high quality, inside the final 5 years. A member of the general public objected to Zuma’s nomination and the IEC upheld the objection, resulting in the MK occasion interesting within the matter.
Attraction ‘futile’
In an announcement issued on Tuesday night, the IEC mentioned it famous the Electoral Courtroom’s order on Zuma’s candidacy, in addition to one other order upholding the DA’s software to permit voters to solid their ballots at honorary consulates overseas quite than simply excessive commissions or embassies.
“Moreover, we now have famous that the orders have been issued with out reasoned judgment. With a purpose to perceive the premise of the conclusions [reached in both matters, it is important that reasons are provided. We will accordingly request the Electoral Court to hand down reasons for the orders made,” said the IEC.
“Naturally the Commission is taking legal advice on both matters and will chart a way forward based on such advice as well as reasoned judgements that it may receive, hopefully, in the not-too-distant future.”
Election expert and former IEC commissioner Terry Tselane told Daily Maverick that the order handed down by the Electoral Court came as no surprise.
“For me, instead of actually dealing with the merits, just in terms of the procedure after saying that the IEC has the legal powers to administer section 47 of the Constitution that deals with the National Assembly, it has nothing to do with the IEC.
“This is not the first time that a case like this has gone to the Electoral Court. Remember there was an objection against the candidacy of Winnie Mandela in 2009 and the Electoral Court also dismissed the objection and allowed Mrs Mandela to become a candidate,” he said.
Tselane said that he did not believe that the IEC would appeal against the ruling.
“I think the IEC will not appeal it. It would be futile for them to do so because they will still lose. It will also start interfering with their processes as they are preparing for elections. The IEC has nothing to gain by going to the Constitutional Court,” he said.
Arguments
Judges listened to arguments for and against Zuma’s disqualification from standing for public office on Monday morning at the Electoral Court, sitting at the Johannesburg Division of the High Court in Gauteng.
The MK party took the IEC to court as it believed there was a “deficiency” in the objections to Zuma being a candidate on the parliamentary list.
Representing the MK party, Dali Mpofu SC argued that the IEC had no authority to implement section 47 of the Constitution against Zuma and disqualify him from standing for public office.
The MK party challenged the interpretation of section 47(1)(e), which sets the conditions under which a convicted citizen may not take public office.
Mpofu argued that Zuma spent only three months in prison after he received a remission of sentence, which rendered his initial sentence of 15 months irrelevant.
He also argued that the commission had no jurisdiction to implement section 47 against the former president.
In 2021, Zuma was convicted of being in contempt of court and handed a 15-month sentence for his refusal to testify before the Zondo commission of inquiry into State Capture, which he established.
He was then released on medical parole, but this decision was overturned in court.
When he had to be incarcerated, the 81-year-old former president received a remission of sentence last year, for the remainder of his term.
Read more in Daily Maverick: MK’s Mpofu and IEC’s Ngcukaitobi wrangle over Zuma’s election disqualification
Tembeka Ngcukaitobi SC represented the IEC, which argued that it was well within its rights to disqualify Zuma from standing for public office.
Ngcukaitobi said those sentenced to 12 months or more in prison should not participate in public office as the duration indicated the seriousness of the crime. He said while Zuma was released on remission and spent only three months in prison, it did not change the fact that he had been sentenced to 15 months.
“The remission did not change the sentence. It did not say that ‘you are no longer sentenced to 15 months, you are sentenced to three months’. The executive can say, ‘We are forgiving you, you are going home.’ The fact that the President has the power to forgive does not mean you can go back and rewrite the sentence.
“Why do we have section 47(1)(e)? It is because it is a legislative determination that certain convictions would preclude a person from exercising their right to be in Parliament,” he said.
MK victories
MK party spokesperson Nhlamulo Ndhlela spoke to the SABC soon after the ruling was handed down.
“This is a spiritual process, the MK party, for it being established as a catalyst for change, is really a blessing for our people.”
He said the party continued to emphasise that people “want president Zuma back inside the Union Buildings as the president. The people want him there. People are tired of the status quo under the Cyril Ramaphosa-led government.
“We want lights, we want water, the people want homes. We will continue on our journey to get a two-thirds majority [to change the Constitution so Zuma can serve a third term]. That is essential for our members, downtrodden residents of our nation who wish to see change,” Ndhlela mentioned.
He insisted that IEC commissioner Janet Love ought to have resigned after exhibiting her alleged bias concerning Zuma’s participation within the elections.
In court docket papers filed by the MK occasion, they claimed the IEC prematurely judged the difficulty round Zuma’s participation within the elections and will due to this fact not have arrived at a distinct or truthful final result.
In January, Love confirmed at a press briefing that Zuma didn’t meet the necessities to register as a candidate to face on this yr’s elections.
In the identical court docket, the MK occasion additionally not too long ago defeated the ANC’s bid to have its occasion registration declared illegal.
The ruling, handed down on 26 March, mentioned: “We due to this fact discover there’s nothing illegal in regards to the registration of the MK by the DCEO [Masego Sheburi] on 7 September 2023. With reference to prices, prices are usually not awarded on this court docket and we aren’t persuaded to depart from this practice.”
IN 2023, the ANC additionally submitted an enchantment to the IEC concerning using the title and emblem of their disbanded army wing being utilized by the brand new political grouping, however was unsuccessful. DM
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