By Lehlohonolo Lehana.
Legal team acting on behalf of Jacob Zuma and the uMkhonto we Sizwe Party have asked the Constitutional Court for an extension to file an answering affidavit to the application for leave to appeal by the Independent Electoral Commission of South Africa (IEC).
They have written to the apex court to grant them an extension until April 30.
The deadline for Zuma and the MK party to file answering affidavits is Thursday, after the Constitutional Court issued directions to both parties.
But the lawyers said the deadline given by the highest court was “short” and they would not be able to file their affidavits by Thursday.
The leaders of the MK party were currently campaigning all over the country ahead of the elections.
The lawyers would be able to consult with them over the weekend and this would give them time to prepare and file the answering papers by the end of April.
“The purpose of this letter is to humbly request for an extension for the filing of the answering affidavit later than the April 25 date prescribed in the latest directive received in the late afternoon on April 23.
“The reason for the request is that the time afforded to the respondents is, with the greatest respect, unreasonably short in the circumstances. Our offices have only been able to make contact with our clients and counsel until this morning. The legal representatives were unfortunately engaged in other matters and, with the elections around the corner, the clients were spread out across the country campaigning for votes. It therefore seems like we will only be able to consult and receive instructions over the coming weekend, “wrote Zungu Incorporated, the lawyers for Zuma and the MK party.
Zuma and the MK party are contesting the decision of the IEC to challenge Zuma’s candidacy.
This was after the Electoral Court ruled that Zuma can stand as a candidate in the elections.
The IEC had decided that Zuma was not eligible to stand for Parliament because of his conviction and sentence.
As a result, the IEC approached the apex court seeking an urgent hearing to bring finality on Section 47 (1) (e) of the Constitution before any votes are cast.
Meanwhile, the Council for the Advancement of the South African Constitution (Casac) has filed an application to be admitted as a friend of the court in the matter. Casac said it sought to submit written argument and present oral argument at the hearing of the matter.
In its founding affidavit on Tuesday, Casac executive secretary Lawson Naidoo said a consequence of the Electoral Court’s decision was that despite the Constitutional Court’s decision of June 2021 convicting Zuma for the crime of contempt and sentencing him to 15 months in prison, Zuma was presently not disqualified from seeking election to the National Assembly.
Naidoo said the central premise of the Electoral Court order, it seemed, was that as a result of the special remission of sentences granted by President Cyril Ramaphosa in August 2021 to about 9,000 sentenced offenders — including Zuma — to reduce overcrowding, the Electoral Court must have determined that Zuma’s sentence was reduced by the 12 months’ remission amount.
He said Casac, if admitted, will advance submissions not canvassed by either party, and provide comparative and foreign case law that might assist the court in its adjudication of the matter.