By Lehlohonolo Lehana.
The Constitutional Court on Monday overturned the Electoral Court decision, and ruled that Umkhonto weSizwe Party (MKP) leader Jacob Zuma is not eligible to run for parliament in the general election on 29 May.
The case before the constitutional court stems from a decision in March by electoral commission to disqualify Zuma on the basis that the constitution prohibits anyone given a prison sentence of 12 months or longer from holding a parliamentary seat.
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.
Constitutional Court Judge Leona Theron read out the ruling to a packed courtroom on Monday morning.
“It is declared that Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment for purposes of section 47 (1) e of the Constitution and is accordingly not eligible to be a member of and not qualified to stand for election to the National Assembly until five years have elapsed since the completion of his sentence, “she said.
The court also ruled that the Electoral Commission of South Africa (IEC) was empowered to make the decision to exclude Zuma, ahead of the elections.
It adds that “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. A disqualification under this paragraph ends five years after the sentence has been completed.”
“This matter is about a narrow and defined legal issue that is capable of determination without an interpretation of the contempt judgment,”Theron said.
During the case Zuma’s legal team had argued that the IEC had made a mistake in declaring him ineligible to stand for office, saying the fact that his sentence had been remitted amounted to a change in the sentence from one of 15 months to one of three months. His team also argued that the type of sentence, being a civil conviction, meant that section 47 did not apply
The court disagreed, saying “it is not for a court to limit the scope of the provision”.
The effect of this decision is that while Zuma might appear on the MK party’s posters and be the face on the ballot, he won’t be able to take up a seat in the National Assembly of Parliament. He can continue to lead the party through other means.