Zuma wins IEC appeal, back on ballot
The Electoral Court on Tuesday ruled in favour of former president Jacob Zuma’s eligibility as a candidate for uMkhonto we Sizwe ahead of the May 29 elections.
The MK party approached the court to challenge the Independent Electoral Commission's decision to bar Zuma from contesting for a parliamentary seat.
The Electoral Court dismissed the IEC's objection.
Zuma was disqualified due to his previous conviction in 2021, in which he was sentenced to more than 12 months imprisonment for failing to appear before the Zondo Commission.
The IEC's decision was 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 for a fine.
The former president is candidate number one on the list of the newly formed MK party.
The party named him as their presidential candidate. However, Section 47 of the Constitution stipulates that a candidate cannot be elected to Parliament or legislature if they have been convicted of a crime and sentenced without an option for a fine.
According to section 47 of the Constitution, the candidate can only become eligible again after five years.
However, Zuma's legal counsel, Advocate Dali Mpofu, argued that President Cyril Ramaphosa’s remission of sentence cancelled his sentence, making him eligible to contest elections.
"What is the legal impact of this remission? It reduces, deducts, or cancels a portion of the sentence, and it disappears,” Mpofu told the court on Monday.
“The effect of remission has been clearly described. In fact, the synonym for remission is to cancel, and it even says to set aside. So, in this case, the ultimate sentence as a result of remission and not as a result of an appeal or a review is three months," said Mpofu.
The court ruled in Zuma's favour.
ALSO READ
