ConCourt directs Zuma, MK Party to file answering affidavits in IEC appeal case
The Constitutional Court has issued a directive in the appeal by the Independent Electoral Commission (IEC) in the case involving former president Jacob Zuma’s candidacy of the uMkhonto weSizwe (MK) Party.
The apex court issued directives on Tuesday to respondents who are opposing the application to file answering affidavits on or before Thursday.
The court added that further directions may be issued.
Zuma was initially disqualified by the IEC to run for public office due to his prison sentence after he was found guilty of contempt in 2021.
However, the Electoral Court upheld a challenge from Zuma and the MK Party.
The IEC's decision to appeal the ruling is based on section 47 of the Constitution which stipulates that a candidate cannot be elected to Parliament or legislature if they have been convicted of a crime and sentenced without an option of a fine.
IEC spokesperson Kate Bapela said the commission needed clarity on the Electoral Court's decision.
"The Commission believes there is substantial public interest in providing certainty on the proper interpretation of section 47(1)(e) and its interplay with the powers of the Commission to adjudicate objections to candidates.
"Such clarity is important in the present matter because of a live issue, but also for future elections. It is furthermore important that such legal clarification is obtained from the highest court in the land which has constitutional-matter jurisdiction.
"Hence, a direct appeal to the Constitutional Court."
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