Former President Jacob Zuma has launched a counter application to have five judges from the Constitutional Court removed from the Electoral Commission of South Africa (IEC) matter, citing bias.
Among the judges Zuma wants recused is Chief Justice Raymond Zondo, who is part of the six-judge panel set to hear the case on Friday.
The judges Zuma wants removed from the list include Mbuyiseli Madlanga, Steven Majiedt, Nonkosi Mhlantla, Leona Theron, Zukisa Tshiqi and Zondo.
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The case revolves around the IEC’s challenge to Zuma’s candidacy as a member of parliament, just 19 days before the national and provincial elections scheduled for May 29, 2024.
The IEC had challenged Zuma’s candidacy, but the Electoral Court ruled that he could be on the ballot representing his newly-formed party.
Zuma, who is now the leader of the Umkhonto Wesizwe (MK) party, argues that a minimum of six of the justices on the Constitutional Court are biased and therefore unfit to adjudicate his case with the IEC.
He specifically points out that these judges had presided over and adjudicated his contempt of court proceedings in 2021, which resulted in a 15-month jail sentence for Zuma.
According to Zuma, the sentence imposed on him had no option for a fine or compliance with the court order, leading him to believe that the judges involved in his contempt case are tainted by bias.
Chief Justice Zondo, despite being named in Zuma’s application, has not been part of the panel hearing Zuma’s case.
The Constitutional Court, which requires at least eight of its 11 judges to make a ruling, will now have to consider Zuma’s application to have the five judges recused from the IEC matter.
In addition to his legal battles, Zuma is also set to attend an African National Congress (ANC) disciplinary hearing at Luthuli House, the party’s headquarters in Johannesburg, on Tuesday.
This hearing is part of the ANC’s internal processes and is separate from the legal proceedings involving the IEC.
Zuma’s application to have the judges recused from the IEC matters raises important questions about the impartiality and fairness of the judiciary.
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