Former President Jacob Zuma ambition to return to parliament was thwarted on Monday when the Constitutional Court declared that he is unqualified to run for office and upheld the Electoral Commission of South Africa’s (IEC) urgent appeal.
Giving judgement in the matter, Justice Leona Theron said, “This court concludes Mr Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment for the purpose of section 47 (1) (e) of the Constitution and is accordingly not eligible to be a member of and not qualified to stand for election into the National Assembly until five years have elapsed since the completion of his sentence.”
The Supreme Court heard arguments earlier this month in the IEC’s urgent bid for leave to appeal against the Electoral Court’s decision that allowed Zuma to run for election to the National Assembly as an MP.
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When the MK Party (MKP) included Jacob Zuma to its parliamentary list, the commission upheld an objection to his participation as a potential legislator under the constitution.
Section 47(1)(e) disqualifies people from being MPs if they have been “convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine”.
The section also contains a proviso which says “no-one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined”.
There is yet to be a reaction from former president Jacob Zuma’s camp.
More updates are coming soon.
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