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Former South African president Jacob Zuma has emerged victorious in his legal battle against the Electoral Commission of South Africa (IEC), (Picture courtesy: Facebook @ UMkhonto Wesizwe Party)
Phetolo Sematha
(The Post News) – The verdict delivered by the Electoral Court on April 9, 2024, cleared the path for former South African president Jacob Zuma to run in the forthcoming 2024 elections as a candidate representing the uMkhonto weSizwe (MK) Party. This decision follows a heated objection raised against Zuma’s candidacy.
MK Party appealed the Independent Electoral Commission (IEC)’s decision to remove Zuma from their parliamentary candidate list on the 8th of April 2024. The IEC cited Zuma’s criminal record as the basis for his exclusion. However, Zuma’s legal team, led by renowned advocate Dali Mpofu SC, argued that the IEC lacked the authority to disqualify him. According to Mpofu, the power to remove a candidate rests with the National Assembly.
Advocate Dali Mpofu SC argued for Zuma’s inclusion in the candidate list during the court proceedings and expressed surprise at the party’s decision. He said, “The Constitution is clear: lawbreakers cannot be lawmakers.” But Zuma’s case is unique; he served his sentence and was released.
Mpofu further asserted that President Cyril Ramaphosa’s granting of remission to Zuma effectively diminished his sentence. According to Mpofu, this action was rooted in the lack of a formal trial or conviction via criminal proceedings.
“The point of the matter,” Mpofu emphasised, “is that we all know that there was no trial, plea, or standing in the dock. This is the only person who sat in jail without being found guilty or not found guilty. It is Mr. Zuma.”
On the opposing side, Thembeka Ngcukaitobi SC, representing the IEC, contended that the commission was merely applying section 47 of the Constitution, which explicitly addresses the selection of candidates for Parliament. Ngcukaitobi emphasised that individuals who have violated the law should not be lawmakers. Zuma’s defiance of the Constitutional Court’s ruling led to his imprisonment in 2021. His release from prison by President Ramaphosa did not alter the court’s original sentencing. The 15-month term stands, regardless of the actual time served.
Zuma’s inclusion on the MK Party’s list has significant implications for the upcoming elections. His daughter, Duduzile Zuma-Sambudla, also features on the list, along with former finance minister Des van Rooyen. The MK Party, which Zuma joined in December, has positioned itself as a formidable contender.
President Cyril Ramaphosa’s decision to release Zuma from prison earlier this year did not alter the court’s original sentencing. The fact that Zuma spent less time incarcerated than initially mandated remains immaterial—the 15-month sentence stands.
As the election draws near, Jacob Zuma’s political journey takes an unexpected turn. From the highest office in the land to a prison cell and now back into the political arena, Zuma’s resilience and influence continue to shape South Africa’s political landscape.
After hearing arguments from both sides, the court ruled that the Independent Electoral Commission’s decision, which upheld an objection to Zuma’s inclusion on the MK Party’s list, had been overturned. The new ruling states: ‘The objection is now dismissed.’” As a result, Zuma now occupies the coveted top spot on the MK Party’s parliamentary candidate roster.
In a statement following the court’s ruling, Zuma expressed gratitude to his supporters and reaffirmed his commitment to the MK Party’s cause. With the electoral battle intensifying, all eyes are on the former president as he seeks a fresh mandate from the people.
The 2024 elections promise to be a riveting contest, and Jacob Zuma’s return to the political fray adds an intriguing dimension to the race.
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