The Constitutional Court has recently issued a directive in the appeal brought forth by the Independent Electoral Commission (IEC) regarding the candidacy of former President Jacob Zuma under the Umkhonto Wesizwe (MK) party.
This directive serves as an important development in the ongoing legal proceedings surrounding Zuma’s eligibility to run for public office.
On Tuesday, the apex court instructed the respondents opposing the IEC’s application to file answering affidavits by Thursday. Additionally, the court noted that further directions may be issued as the case progresses.
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This directive highlights the court’s commitment to ensuring a fair and thorough examination of the matter at hand.
To provide some context, Zuma was initially disqualified by the IEC from running for public office due to his prison sentence after being found guilty of contempt in 2021. However, the Electoral Court upheld a challenge from Zuma and the MK party, leading to the IEC’s decision to appeal the ruling.
The IEC’s decision to appeal is based on Section 47 of the Constitution, which states that a candidate cannot be elected to parliament or a legislature if they have been convicted of a crime and sentenced without the option of a fine.
Seeking clarity on the Electoral Court’s decision, the IEC believes that there is substantial public interest in determining the proper interpretation of Section 47(1)(e) and its relationship with the commission’s powers to adjudicate objections to candidates.
According to IEC spokesperson Kate Bapela, the commission deems it necessary to obtain legal clarification from the highest court in the land, which possesses constitutional-matter jurisdiction.
Bapela emphasized the importance of providing certainty not only in the present case but also for future elections. The outcome of this appeal will have significant implications for the interpretation and application of the relevant constitutional provisions in future electoral processes.
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