By Lehlohonolo Lehana.
The Electoral Commission of South Africa (IEC) says the Electoral Act doesn’t prevent candidates with criminal records from being nominated on party lists, but they cannot stand for public office.
This is in line with Section 47 of the constitution, which stipulates that a candidate cannot be elected to Parliament if convicted of a crime and sentenced without an option for a fine.
“Section 47 of the Constitution deals with a membership of a legislative body, not qualification to stand for office. This means that you can be a competent candidate, but not be competent to assume office.”
The candidate can only become eligible again after five years.
The IEC’s comments came after the MK Party threatened to disrupt elections if former president Jacob Zuma or the party were removed from the list.
The former president is the official presidential candidate for the new MK Party.
Zuma was sentenced to 15 months in prison in July 2021 after failing to cooperate with the commission of inquiry into state capture.
The commission’s Chief Electoral Officer Sy Mamabolo says they will apply the law.
The Constitution states that if you have been handed a 12-month sentence without the option of a fine or if you have been out of prison for less than five years after that sentence, you are not eligible for the position.
Another issue is that Zuma served two terms as president of the country when he led the ANC government.
“If it were me, already, if you can’t meet a second threshold, why would you be a candidate on the first threshold?
“But those are matters that the commission will apply themselves to,” said Mamabolo.
He said the public also has a right to object to a candidate’s nomination based on a criminal record.
The IEC can uphold the objections.
The list will be published on the 26th and 27th of March so that the public can raise any objections.
Mamabolo confirmed that some parties and independent candidates might be due for disqualification for failure to pay the election deposit or other technical reasons.
He also said they are in a process of finding a new venue to serve as the National Results Operations Centre.
“We can confirm that the Tshwane Events Centre has fallen into a state of disrepair and is not in a usable condition at the moment.
“We are working on an alternative and we are advanced in terms of contracting a foreign alternative venue.
“We can confirm that one the major considerations that the commission is taking is the centrality of the place to accommodate everybody.”
Meanwhile Minister in the Presidency responsible for State Security, Khumbudzo Ntshavheni, has warned members of Umkhonto we Sizwe (MK)party who are threatening violence ahead of the elections that they will face the full might of the law.
She said law enforcement agaencies were on full alert and would ensure that they protect South Africans against any form of violence.
Ntshaveni said Cabinet did not discuss the issue of threats of violence by the MKP, but she asserted that law enforcement agencies were ready to deal with any situation.