MK Party challenges electoral court’s decision against Zuma

Image source: Ihsaan Haffejee via Getty Images

Anda Mbaliso

(The Post News) -The Umkhonto Wesizwe (MK) party finds itself embroiled in a legal tussle as it seeks to challenge the recent decision handed down by the Electoral Court, which effectively prohibits former president Jacob Zuma from featuring on their parliamentary candidate list following the announcement of the May 29 election outcomes.

 
In a notification delivered last month, the party was informed of the disqualification of Zuma’s inclusion on the MK party’s candidate roster. The reason cited for this exclusion was Zuma’s prior conviction for contempt of court, an offense that, according to constitutional provisions, renders individual’s ineligible for public office candidacy if sentenced to over 12 months’ imprisonment without the option of a fine.

 
The genesis of Zuma’s conviction traces back to 2021 when he was found guilty of failing to comply with summonses issued by the Zondo Commission. The commission, tasked with investigating allegations of State Capture, sought Zuma’s testimony, which he repeatedly evaded. This defiance of the commission’s mandates led to his conviction for contempt of court.

 
The MK party, however, contests the nature of these legal proceedings. They argue that while the outcome resulted in a criminal penalty of 15 months, the underlying proceedings were predominantly civil in nature. This distinction is crucial, as it underscores the MK party’s contention that Zuma’s conviction should not disqualify him from standing for public office, particularly under the auspices of their party.

 
In their notice of appeal , the MK states that “the IEC has failed to provide the reasons for its decision making it difficult to appeal” and that “the MK party ought properly to have received prior notification” of the objections by the IEC. The notice of appeal delineates seven specific grounds that, if addressed, could potentially overturn the Electoral Court’s ruling. These grounds serve as the foundation for their ongoing legal battle, as they seek to restore Zuma’s eligibility to feature on their parliamentary candidate list.

 
Central to the MK party’s appeal is the perceived lack of transparency and procedural irregularities in the decision-making process of the Independent Electoral Commission (IEC). They assert that the IEC failed to provide detailed reasoning for its decision, impeding the MK party’s ability to mount a comprehensive appeal. Additionally, they contend that proper notification of objections raised by the IEC should have been communicated to the MK party in advance, a procedural requirement that they claim was overlooked.

 
As the legal proceedings unfold, Zuma and the MK party remain steadfast in their pursuit of justice. Their commitment to challenging the status quo underscores the importance of upholding democratic principles and safeguarding the rights of all citizens, irrespective of their past legal entanglements.