Constitutional Court Backs Up Zuma's Candidacy for May 2024

Former President Jacob Zuma (Image courtesy: Fani Mahuntsi/Getty)

Phetolo Sematha

(The Post News) – The Constitutional Court has provided guidance on the appeal made by the Electoral Commission (IEC) concerning the order issued by the Electoral Court. The order permitted former President Jacob Zuma to stay on the candidate list of uMkhonto we Sizwe for the upcoming elections. This development comes before the eagerly awaited May 2024 polls, where Zuma has been included as a candidate by the newly established party.

The apex court’s latest action mandates the respondents opposing the application to file their answering affidavits by April 25, 2024. This move by the apex court comes as a pivotal moment in South Africa’s legal and political landscape, with potential implications for the electoral process and the interpretation of constitutional eligibility criteria.

The main point of contention revolves around how Section 47 (1) (e) of the Constitution is interpreted, specifically concerning who is eligible to run for public office. Initially, the Independent Electoral Commission (IEC) rejected Zuma’s candidacy due to a past conviction for contempt of court and the resulting 15-month prison sentence he received in 2021.

The recent ruling by the Electoral Court sided with Zuma, permitting him to stay on the ballot, a decision currently being challenged by the IEC. The Constitutional Court’s involvement is critical as it aims to offer clarity on the constitutional rules guiding candidacy in elections. This is pivotal not only for the imminent elections but also for establishing a precedent for handling future cases involving candidate eligibility.

The IEC’s appeal to the highest court in the land emphasises the importance of a transparent and consistent application of the law, ensuring that all electoral participants adhere to the constitutional requirements. The commission’s stance is that the integrity of the electoral process must be maintained, and any ambiguity surrounding the qualifications of candidates must be resolved before the casting of votes.

In a recent interview with the SABC, Legal Analyst and Managing Director of Donda Attorneys, Melusi Xulu, shared his expert insights on the matter. Xulu emphasized the intricacies of the case and underscored the significance of the Electoral Court in providing clarity on these matters. He said, “It is expected that the Electoral Court will clear this up, particularly because there may be other cases of a similar nature in the future. This is about interpreting the law so that we know what will happen in similar circumstances.”

Furthermore, Xulu highlighted that the Constitutional Court’s involvement transcends the individual involved, as it aims to establish a precedent that will shape future electoral conduct.

Xulu’s insights highlight the far-reaching implications of the case, indicating that the court’s decision could shape the legal framework governing elections in South Africa. His analysis underscores the delicate equilibrium between legal provisions and democratic principles, a balance that will undoubtedly be impacted by the Constitutional Court’s ruling.

The outcome of this appeal will undoubtedly have far-reaching implications for South Africa’s democratic process and the rule of law.