South Africa’s Constitutional Court in Johannesburg, is set to hear an appeal on Friday regarding the eligibility of former President Jacob Zuma in the upcoming general election. This politically charged legal showdown has raised tensions before what is expected to be the tightest election in decades.
Zuma, who is 82 years old, is leading a new opposition party that has emerged as a potential disrupter in the May 29th election. However, electoral authorities have argued that the graft-tainted politician should be barred from the race due to a 2021 contempt of court conviction.
A lower court had initially sided with Zuma in April, but now the Constitutional Court is called upon to make the final decision. Legal experts anticipate that it might take a few days for the court to reach a verdict.
[ MK Party Founder Urges IEC To Swiftly Remove Zuma As Party Rep ]
This case comes only weeks before what is expected to be the most competitive vote since the advent of democracy in 1994.
Consequently, it has made some observers nervous, considering the wave of unrest, riots, and looting that followed Zuma’s jailing in 2021, resulting in the loss of more than 350 lives. There are fears of a repeat of such violence.
Many in Zuma’s camp view the Constitutional Court as partisan. This is the same court that sentenced Zuma to 15 months in prison in 2021 after he refused to testify before a panel investigating financial corruption and cronyism during his presidency.
Furthermore, the head of that panel is now the court’s chief justice.
In their filings, Zuma’s lawyers have argued that the judges who convicted their client, including the chief justice, should recuse themselves due to bias. If this were to happen, there would not be enough remaining members of the court to hear the case.
The crux of the matter revolves around the interpretation of a constitutional norm that bars anyone sentenced to more than 12 months imprisonment from serving in parliament. This ban lapses five years after the completion of the sentence.
The Electoral Commission (IEC) argues that this provision applies to Zuma. However, Zuma’s lawyers successfully contended before the electoral court that it did not apply to him because his sentence did not allow for an appeal and was shortened by a remission.
Ben Winks, a lawyer specializing in constitutional law, finds the electoral court’s verdict “surprising” and believes that the IEC has a strong case on appeal. He points out that the wording of the constitution does not specify the duration of the sentence served.
Zuma was released on medical parole just two months into his 15-month sentence. His new party, the Umkhonto we Sizwe (MK), has unexpectedly become one of the main contenders in the election.
Banking on Zuma’s popularity, MK is expected to cut into the vote share of the embattled ruling African National Congress (ANC), which was once Zuma’s political home.
If the ANC’s vote share falls below 50 per cent, it would be the first time in a national vote. In such a scenario, the ANC would need to seek coalition partners to remain in power, as it would fall short of a parliamentary majority.
The ANC is already struggling in opinion polls due to a weak economy and allegations of corruption and mismanagement.
According to an Ipsos poll last month, the ANC stood at 40.2 percent, with the liberal Democratic Alliance at 21.9 percent and the leftist Economic Freedom Fighters at 11.5 percent. MK followed closely at 8.4 percent.
The IEC, in announcing the appeal, emphasized that it did not intend to involve itself in the political field but rather sought clarity to ensure free and fair elections.
The court filings clarified that even if Zuma were to be declared ineligible, his name would still appear on the ballot, avoiding the need for a reprint. However, he would not be considered elected after the vote.
South Africans are eagerly anticipating the election, which will determine the composition of the new parliament, and subsequently, the appointment of the president. The outcome of the Constitutional Court’s decision on Zuma’s eligibility will undoubtedly have significant implications for the political landscape of South Africa.
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