IEC Empowered To Determine Candidates Eligibility For Public Office

“Section 30 sub 3 of the Electoral Act requires the commission to decide the objection while section 27 of the Electoral Act deals with the party’s list of candidates."

IEC Empowered To Determine Candidates Eligibility For Public Office - The Times Post
IEC Empowered To Determine Candidates Eligibility For Public Office.

The Constitutional Court ruled that the Electoral Commission (IEC) has the authority to define qualifications for National Assembly membership before the May elections.

The legal counsel for the MK party and former President Jacob Zuma contended that the IEC acted outside of its jurisdiction when it upheld an objection against Zuma under Section 47(1)(e) of the Constitution, claiming that only the National Assembly had this ability.

However, the Supreme Court ruled that the Electoral Act authorizes the Commission to examine candidates’ eligibility to run for public office.

[ Jacob Zuma Not Eligible To Become An MP Constitutional Court Rules ]

The court overruled the Electoral Court’s decision to dismiss the objection against former president Jacob Zuma.

Justice Leona Theron penned the unanimous decision, writing, “Section 30 sub 3 of the Electoral Act requires the commission to decide the objection while section 27 of the Electoral Act deals with the party’s list of candidates.

“Section 27 (2) (B)  requires that the lists must be accompanied by a prescribed declaration by a representative of the party and I quote ‘that each candidate on the list is qualified to stand for the election in terms of the constitution’.”


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