Advocate Tembeka Ngcukaitobi has fervently argued against the appeal made by the uMkhonto weSizwe (MK) Party regarding former president Jacob Zuma‘s disqualification from the upcoming election.
Representing the Independent Electoral Commission (IEC) at the Johannesburg High Court on Monday, Ngcukaitobi emphasised that “lawbreakers should not be lawmakers”, citing Section 47 of the constitution, which prohibits individuals with convictions exceeding 12 months without the option of a fine from holding public office.
The appeal stems from the IEC’s decision to uphold objections to Zuma’s candidature following his 2021 conviction for contempt of court, which resulted in a 15-month prison sentence.
Despite Zuma’s three-month imprisonment, Ngcukaitobi stressed the severity of the original sentence and the underlying principle that convicted individuals should not hold public office.
During the court proceedings, Ngcukaitobi highlighted the IEC’s authority to uphold objections based on candidates’ qualifications, as declared during submission.
Integrity of the electoral process
He argued that allowing the appeal would result in unqualified individuals occupying positions in the National Assembly, undermining the integrity of the electoral process.
Addressing Zuma’s conviction for contempt of court, Ngcukaitobi reiterated that contempt constitutes a crime, emphasising Zuma’s status as a convict.
He dismissed the MK Party’s arguments surrounding the three-month sentence served, asserting that the conviction itself disqualifies Zuma from candidature.
“It is quite clear that it is described as an offence or a crime … Even in the Zuma contempt case, you will find that contempt of court, in various paragraphs, is described as a crime or an offence,” he said.
“Contempt is clearly a crime or an offence. On conviction, people are convicted of a crime, nothing more or less.
“The question of procedure has no bearing. For contempt, you are convicted; it is a crime.”
He further clarified that executive decisions, including remissions, do not alter court-imposed sentences.
Ineligible for public office
He emphasised that Zuma’s release on parole did not negate his status as a convicted individual, rendering him ineligible for public office.
“It was not even the decision of the president to change it from 15 months to three months.
“We have to confront this matter and not try to tiptoe around the matter and make excuses for this appellant [Zuma].
“The president did not change Mr. Zuma’s sentence; he had the power to change the term of the sentence.
“He could have been released, but it had nothing to do with Section 47 of the constitution.
“All the court has to consider is whether it applied Section 47 correctly or not. The fact that the president decided to forgive Mr Zuma and many others is irrelevant to the sentence he was given by the court.
“Mr Zuma is disqualified.”
Claims of prejudice refuted
Responding to allegations of bias, the IEC’s legal team argued that decisions were based on legal considerations rather than personal bias.
They refuted claims of prejudice, stating that the IEC’s actions were in line with legal mandates and not influenced by external factors.
In conclusion, Ngcukaitobi urged the court to uphold Zuma’s disqualification, emphasising the importance of maintaining the integrity of electoral processes.
“It is true that some people will lose their rights in the National Assembly. There is no argument here about the exclusive power of the Electoral Commission.
“At the electoral stage, that screening is done by the LEC. We say the court must dismiss this ground because it has no merit.”
The court is set to deliver its verdict on Tuesday, determining the outcome of Zuma’s electoral appeal and its implications for future candidature eligibility.
Overstepping the mandate
Speaking to his followers outside court, Zuma maintained that the IEC overstepped its mandate in upholding objections to his candidature, stating that only parliament has the prerogative to determine who makes it to the National Assembly chambers.
“The IEC’s mandate is to prepare for the elections, administer them, count votes and announce the winning party. That’s the end of their scope.
“I do not know why they are meddling in parliamentary affairs that do not concern them,” Zuma said.
Zuma warned the IEC to refrain from “politicking and choosing sides,” stating that their scope does not extend that far.
Addressing his presidential ambitions, Zuma told his supporters that it was not his intention, but he was removed as president. He said he still has some unfinished business in the presidency.
