Zuma loses final round in electoral showdown with IEC

The Constitutional Court has overturned the Electoral Court’s order that invalidated the Independent Electoral Commission’s (IEC) decision regarding former president Zuma’s eligibility for elections. 
 
Delivering its judgement on Monday, the constitutional court found that Section 47(1)(e) of the Constitution disqualifies Zuma from being a member of the National Assembly until five years after his sentence is completed.
 

The court ruling comes after the ConCourt heard arguments from the IEC’s legal representative, Tembeka Ngcukaitobi SC, and Zuma’s lawyer, advocate Dali Mpofu SC, earlier in May.

Conviction for contempt of court

In its urgent application, the IEC sought to bar Zuma from running due to his 15-month imprisonment for contempt of court.


The IEC’s application aimed to bring clarity on whether Zuma’s contempt conviction disqualified him from running for office. 

During the proceedings, Ngcukaitobi stressed the urgency of the case, emphasising the need for voters to have certainty about Zuma’s eligibility before the elections on May 29. 

“The public is entitled to know the answer before voting. I cannot vote first and find out later that he should not have been a candidate,” Ngcukaitobi argued.

Advocate Mpofu defended the Electoral Court’s decision, which overturned the IEC’s attempt to bar Zuma.

He argued that the judgement cast doubt on the validity of Zuma’s contempt sentencing, framing it as a vindication for Zuma and the MK Party.

Attempts to remove Zuma

The IEC said over a week ago that it would not entertain a letter it received from expelled MK Party founder Jabulani Khumalo.

In the letter to the IEC, Khumalo demands the chapter nine institution remove Zuma as the MK Party “face” and president.

Khumalo also asked the IEC to remove Zuma from the party’s list of members for  parliament’s National Assembly.

The IEC claimed in a recent statement that it does not meddle in the internal affairs of political parties.

The electoral body also said it only acts on the instructions of the registered leader of a political party.

According to the IEC, Zuma has led the MK Party officially since April 10.

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