By Lehlohonolo Lehana.
The Constitutional Court will deliver judgement tomorrow, on whether Umkhonto weSizwe party (MKP) leader Jacob Zuma can legally be barred from standing as a candidate in the country’s May 29 general election.
In a social media post, the court said it would make a judgment at 10.00am on whether “Zuma (is) disqualified from standing as a candidate for the National Assembly”.
The IEC had lodged an application to challenge Zuma’s inclusion in the MKP’s Parliament list.
The commission stated that Zuma’s candidacy should be barred due to his contempt of court conviction in 2021.
Zuma is an integral part of the MK party’s campaign as he has drawn large crowds and support for the party, which was officially registered in September 2023.
However, his appearance on the party’s candidate list came under scrutiny as Zuma appeared to violate the provision in the Constitution that bars candidates who have received a 12-month or more prison sentence, without the option of a fine, within the last five years. A member of the public objected to Zuma’s nomination and the IEC upheld the objection, leading to the MK party appealing in the matter.
The IEC cited Section 47 (1)(e) of the Constitution as the reason why he cannot be on the list.
Section 47 states that “Anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, 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”.
This after the Electoral Court ruled that Zuma will be on the ballot come election day, May 29.
Zuma was released on medical parole on September 5, 2021, by the National Commissioner of Correctional Services. He only served three of his 15 months sentence imposed by the ConCourt for refusing to testify in the State Capture Commission.
He was then granted a special remission of sentence by President Cyril Ramaphosa and Justice Minister Ronald Lamola due to prison overcrowding.
The remission also applied to over 9,000 other prisoners.
Zuma’s MK does not poll well nationwide but among his native KwaZulu-Natal and among Zulus he retains support — more than 30,000 supporters cheered him at a Soweto stadium rally on Saturday.