The Independent Electoral Commission (IEC) has filed an urgent application to the Constitutional Court seeking clarity on Section 47 of the Constitution.
This comes after the Electoral Court on Monday ruled in favour of the uMkhonto weSizwe (MK) Party. The ruling cleared the way for former president Jacob Zuma to contest the elections.
Zuma had been disqualified after the IEC upheld objections to his candidature. However, he successfully appealed the matter and was vindicated.
The objections to Zuma’s candidature were based on his 2021 conviction for contempt of court. This resulted in a 15-month prison sentence.
Objection dismissed
The former statesman, however, did not complete his sentence after serving three months, he was granted remission.
“Having heard counsel for the parties and having read the papers filed for record, the following order is made: The application for leave to appeal is granted. The appeal succeeds,” ruled the Electoral Court.
“The decision of the electoral commission of March 28, in terms of which the electoral commission upheld Dr Matsapola’s objection to the second applicant’s candidature [Mr Zuma], is set aside and substituted with the following: ‘The objection is hereby dismissed’.”
Seeking clarity
On Tuesday, the IEC confirmed it is seeking clarity. The move is particularly in relation to its powers to adjudicate objections to candidates.
It emphasised the importance of this clarification for both the current issue and future elections. The commission stressed its commitment to ensuring free and fair elections. This by ensuring constitutional provisions are clearly understood and applied uniformly.
“The commission believes there is substantial public interest in providing certainty on the proper interpretation of Section 47(1)(e). …This includes its interplay with the powers of the commission to adjudicate objections to candidates.
“Such clarity is important in the present matter because of a live issue but also for future elections. It is furthermore important that such legal clarification is obtained from the highest court in the land. [The highest court] has constitutional-matter jurisdiction. Hence, a direct appeal to the Constitutional Court.”
Appeal not politically motivated
The commission clarified that the appeal is not politically motivated. It is about legal certainty, and it requested a prompt resolution before the election date.
“The commission wishes to emphasise that this appeal is not intended to involve itself in the political field of play. It is rather to ensure free and fair elections. Ensuring that applicable constitutional provisions relating to elections are clearly understood by all role-players and applied evenly. We therefore wish for the matter to be determined before the date of the election,” the IEC said.
