In a dramatic turn of events, the IEC has lodged an urgent appeal against the ruling of the Electoral Court to the Constitutional Court, granted on 09 April 2024 in favor of Jacob Zuma and Umkonto Wesizwe Party without the support of the objector upon whom the appeal against its decision was founded.
The IEC seeks an order:
- Declaring that Mr. Jacob Zuma was convicted of an offence and sentenced to more than 12 months imprisonment for purposes of section 47(1) (e) of the Constitution and is accordingly eligible to be a member of, and not qualified to stand election to, the National Assembly until five years has elapsed since the completion of his sentence.
- Setting aside the Electoral court order granted on 09 April 2024 thereby replaced by the order dismissing the appeal.
While the IEC has made it clear that the decision to appeal to the apex court has nothing to do with politics but to seek clarity on this very important electoral issue, it simultaneously alleges that if the matter is not finalized before the elections there is a real risk that the erroneous finding of the Electoral Court will produce a disputed election outcome, because a person who is not qualified would have been allowed to contest, in breach of the constitution.
It is noted with concern that the IEC rushes to file for this constitutional appeal without the benefit of the Electoral Court’s reasons for the order granted on 09 April 2024. It will also be interesting to see the constitutional court entertaining and pronouncing itself on the matter it has already decided.
The stance and the hastiness of the IEC have stirred discomfort and division of opinions among the public. Some are questioning its constitutional independence while some see nothing untoward.
The conflicting views relating to the interpretation of section 47(1) (e), section 57 of the Constitution, (dealing with the National Assembly’s role in regulating its internal proceedings), and section 19 (dealing with Mr. Zuma’s exercise of his constitutional rights continue to bother the IEC although its constitutional mandate comes less close to this arena.
It remains to be seen whether the IEC will succeed or not.
Zungu Incorporated
(Representing Mr.JG Zuma and Umkhonto Wesizwe Party)
