By Lehlohonolo Lehana.
The Constitutional Court will hear the Electoral Commission of South Africa’s (IEC) challenge over Umkhonto weSizwe party leader Jacob Zuma’s eligibility to serve in the National Assembly on 10 May
The urgent case set by the ConCourt will focus on whether Zuma’s sentence to prison hindered his ability to be a member of parliament under the Umkhonto weSizwe (MK) Party.
Initially, Zuma was barred from the list of candidates contesting the elections after he was sentenced to jail for 15 months for contempt of court in July 2021.
But he was then announced as the face of MKP two weeks ago. This is after the Electoral Court ruled that he will be on the ballot representing his party.
But according to Section 47 of the Constitution, anyone who has been convicted or sentenced to more than 12 months in jail, is not barred from holding public office including the National Assembly.
“But no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired,” the section states.
Zuma only served two months in jail and was released on medical parole. So this would mean that he can stand as an MP.
However the Electoral Court ruled that Zuma was eligible to stand as a member of parliament because he could not appeal the judgment of the Constitutional Court, which sentenced him to 15 months in prison.
In directions issued on Sunday, Deputy Chief Justice Mandisa Maya set a tight timetable for the hearing of the urgent case, which will decide whether the Constitutional Court’s contempt finding against Zuma, disqualifies him from serving as an MP for the uMkhonto weSizwe Party.
Meanwhile Zuma has pulled a “no-show” at a rally at Senwabarwana in Limpopo but this time due to his safety being threatened, Umkhonto weSizwe (MK) Party said.
Zuma was supposed to address a Freedom Day Rally in the area after traditional leader Kgoshi TJ Maleboho invited him as a guest.
He did not show up at an Eastern Cape rally last month as he said he had to attend a funeral service of one of his comrades.
MKP’s provincial leader Cyril Jack confirmed that the party leader could not attend due to security reasons.
“I can confirm that the president, due to security reasons, could not make it. We received the message late yesterday, and you people in the media understand it better and going through social media, you’d understand due to what happened yesterday,” he said.