The Ahmed Kathrada Foundation (AKF) has been admitted as amicus curiae in the ongoing court matter between former president Jacob Zuma and the independent electoral commission.
The country’s election body wants Zuma to be barred from being a candidate for the uMkhonto weSizwe Party (MKP). This on grounds that he has a criminal conviction relating to the contempt of court charge.
Zuma was sentenced to 15 months for failure to appear at the commission of inquiry into state capture. The commission was chaired by Chief Justice Raymond Zondo.
But despite the opposition from the IEC on Zuma’s candidature, he successfully pleaded his case with the electoral court. This gave him the green light to be on the ballot as MKP’s face.
The main argument by Zuma’s lawyers was that he was eligible to be a candidate because of his parole. They said his 15-month sentence was remitted by President Cyril Ramaphosa when he granted him early parole. Reasons for this were cited as his health condition.
IEC appeal to be heard on Friday
But the IEC appealed the electoral court ruling, saying the court erred. The appeal is expected to be heard on Friday.
The foundation explained on Tuesday that it was joining the IEC in court. It was hoping that Zuma would not be allowed to stand for elections.
“The AKF strongly disagrees with the interpretation given to Section 47(1)(e) regarding the availability of an appeal,” the foundation said.
“It seems clear that the section is intended to disqualify those whose conduct merits …that they cannot be considered suitable public representatives. Zuma’s utterly unambiguous contempt for Zondo commission and the constitutional court must place him in that category.”
It also pointed out that the specificities of the offence of contempt of court when perpetuated against the highest court in the land was that an appeal is not available.
Dispute over MKP leadership
Besides facing the wrath of IEC, Zuma survived another attempt by party founder Jabulani Khumalo. He wanted Zuma removed as party face.
Khumalo said he had no idea that Zuma, as his long-time friend, would want to topple him from his position at the helm of the party. He admitted that he solicited political advice and guidance before the formation of the MKP.
Khumalo was expelled from his own organisation, by the party’s interim leadership. But he is not holding back, pulling all the tricks in the book to be reinstated. He is saying his expulsion was unlawful.
Khumalo also contends that Zuma’s name was submitted to the IEC fraudulently. But the IEC on Monday turned down his bid, ruling that Zuma will remain the face of MKP. This leading up to what is expected to be highly contested elections.
Khumalo also said Zuma had facilitated a portion of funds for registering the party with the IEC in September.
