As of the 09th of April 2024, the electoral court has correctly set aside the decision by the Electoral Commission of SA (IEC) to bar Jacob Zuma from running for parliament in the appeal proceedings instituted by UMkhonto Wesizwe Political Party and former President Jacob Gedleyihlekisa Zuma. In this matter, the Applicants(MK and Zuma) wanted the Electoral Court to: (1) declare that the IEC had exceeded the limits of its powers or authority in purporting to implement or apply section 47(1)(e) of the Constitution which the Applicants alleged that it falls under the powers of the National Assembly to regulate its affairs in terms of section 57 of the Constitution; (2) declare that the IEC (alternatively Commissioner Janet Love) was disqualified by perceived bias from deciding in respect of an issue that had been previously prejudged, and that; (3) the IEC erred in making a finding that section 47(1)(e) was implicated when it cannot be established on the common cause facts, and/or the applicable law, that:-
- Mr. Zuma was convicted of an offence;
- Mr Zuma was sentenced, within the meaning of the section and taking into account the proviso thereto;
- the IEC took into account the remission of the relevant sentence; and/or
- there was a complete or valid objection before the IEC.
It is interesting to mention that, although the two objectors who had lodged objections in terms of section 30 for Jacob Zuma to be excluded from the candidate list had not opposed the MK’s and Jacob Zuma’s Application, the IEC vehemently filed its papers to oppose. The Electoral Court sitting as a full bench, and upon hearing arguments from Counsels of both sides, correctly made an order that (1) grants the Applicants leave to appeal; upholds the appeal, and;(3) the decision if the IEC has taken on 28 March 2024 to uphold the objection/s be set aside and substituted by ‘dismissing the objection/s’ with no order as to costs.
The decision marks the continuation of Umkhonto Wesizwe’s winning streak which started on the 19th of March 2024 in the Electoral Court, Bloemfontein, with a case brought by the ANC, where the ANC sought an order to nullify and set aside the MK’s registration by the IEC. This case was followed by another case relating to the trademark dispute, again instituted by the ANC against the uMkhonto Wesizwe in the Durban High Court on 27 March 2024.
Although the Durban High Court decision remains pending as of this publication, the MK showcased excellent performance in its defence, leaving everyone convinced that the then-presiding Honourable Judge Chetty may make a finding in its favour. The three cases have given a big boost to the MK’s campaign for the 2024 election while our jurisprudence has been tested to the point of creating new and exciting precedents for those in the legal profession.
In all these three cases, the legal team of Zungu Incorporated had always been at the forefront, diligently performing its tasks in the best interest of its clients. The commitment shown, excessive hours spent on preparations, and the touch of precision are the testimony of black excellence. The firm understands that the happiness of clients such as Umkhonto Wesizwe is its miles of success. Thank you to the Durban and Johannesburg team for your tireless commitment, and thank you to our clients for working with us cooperatively under such hard-pressuring circumstances.
Zungu Incorporated
