After a marathon session of arguments, the Constitutional Court has reserved judgment on the Electoral Commission of South Africa’s (IEC) urgent application regarding former president Jacob Zuma’s eligibility to stand as a candidate for the uMkhonto weSizwe Party (MKP) in the upcoming general elections.
The court heard arguments from the IEC’s legal representative, Tembeka Ngcukaitobi SC, as well as from Zuma and the MKP’s lawyer, Advocate Dali Mpofu SC, on Friday. Also presenting their cases were legal representatives for amici curiae organisations.
Amici curiae organisations joined IEC in court
These include the Council for the Advancement of the SA Constitution (Casac) and the Helen Suzman Foundation. Earlier in the week, the Ahmed Kathrada Foundation (AKF) was also admitted as amicus curiae in the same matter.
The IEC had filed an urgent application with the Constitutional Court last month. It sought to appeal the Electoral Court’s ruling that overturned the commission’s decision to bar Zuma from running as the MKP’s candidate due to his contempt of court conviction.
Zuma’s legal team had previously attempted to have five justices of the court recuse themselves from hearing the IEC’s appeal application. These judges were involved in his sentencing for contempt of court. Deputy Chief Justice Mandisa Maya dismissed the motion to remove the judges.
IEC pleaded urgency so voters can know who they vote for
During the appeal proceedings, Advocate Ngcukaitobi argued for urgency. He emphasised the need for certainty on Zuma’s eligibility before the elections on May 29, to avoid disputes. Ngcukaitobi stated: “The public is entitled to know the answer before it votes. It cannot vote first and find out later that he should not have been a candidate.”
Advocate Dali Mpofu contended that the Electoral Court’s judgment had cast doubt on the authenticity of Zuma’s sentencing for contempt of court. This is a vindication for Zuma and the MK Party.
Zuma defence attacked the integrity of the whole case
He further emphasised Zuma’s staunch refusal to accept the Constitutional Court’s ruling, describing it as “the worst injustice” in the country’s history.
Meanwhile, the African Congress for Transformation (ACT), Labour Party of South Africa, and the Afrikan Alliance of Social Democrats were also at the Apex Court on Friday. They had collectively taken legal action against the IEC. The three parties alleged that technical glitches within the IEC’s digital submission platform hindered their registration for the upcoming elections. However, the court dismissed their case.
