Zuma can be on MK Party list, not in Parliament - IEC

Zuma can be on MK Party list, not in Parliament - IEC

The Independent Electoral Commission on Thursday reiterated that while the Electoral Act doesn't prevent candidates with criminal records from being nominated on party lists, they cannot stand for public office.

Jacob Zuma
AFP

This is in line with Section 47 of the constitution, which stipulates that a candidate cannot be elected to Parliament if convicted of a crime and sentenced without an option for a fine.


The candidate can only become eligible again after five years.


The IEC's comments came after the MK Party threatened to disrupt elections if former president Jacob Zuma or the party were removed from the list.


The former president is the official presidential candidate for the new MK Party.


Zuma was sentenced to 15 months in prison in July 2021 after failing to cooperate with the commission of inquiry into state capture.


The commission's Chief Electoral Officer says they will apply the law.


"Section 47 of the Constitution deals with a membership of a legislative body, not qualification to stand for office. This means that you can be a competent candidate, but not be competent to assume office.


“If it were me, already, if you can't meet a second threshold, why would you be a candidate on the first threshold?


“But those are matters that the commission will apply themselves to," said Mamabolo.


He said the public also has a right to object to a candidate's nomination based on a criminal record.


The IEC can uphold the objections.


The list will be published on the 26th and 27th of March so that the public can raise any objections.


Mamabolo also confirmed that some parties and independent candidates might be due for disqualification for failure to pay the election deposit or other technical reasons.


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