GIANLUIGI GUERCIA-AFP
The Independent Electoral Commission (IEC) has confirmed that it has lodged an urgent appeal to the Constitutional Court to clarify the Electoral Court's decision to allow former president Jacob Zuma back on the ballot.
Earlier this week, the Electoral Court ruled in favour of former president Jacob Zuma’s eligibility as a candidate for uMkhonto we Sizwe ahead of the May 29 elections.
The MK party approached the court to challenge the Independent Electoral Commission's decision to bar Zuma from contesting for a parliamentary seat.
The Electoral Court dismissed the IEC's objection.
Zuma was disqualified due to his previous conviction in 2021, in which he was sentenced to more than 12 months imprisonment for failing to appear before the Zondo Commission.
The IEC's decision was based on section 47 of the Constitution, which stipulates that a candidate cannot be elected to Parliament or legislature if they have been convicted of a crime and sentenced without an option for a fine.
IEC spokesperson Kate Bapela says the commission needs clarity on the Electoral Court's decision.
"The commission believes there is substantial public interest in providing certainty on the proper interpretation of section 47(1)(e) and its interplay with the powers of the commission to adjudicate objections to candidates.
“Such clarity is important in the present matter because of a live issue but also for future elections. It is furthermore important that such legal clarification is obtained from the highest court in the land which has constitutional-matter jurisdiction.
“Hence, a direct appeal to the Constitutional Court," says Bapela.
She says this decision does not mean the commission intends to involve itself in the political field of play.
"It is rather to ensure free and fair elections by ensuring that applicable constitutional provisions relating to elections are clearly understood by all role-players and applied evenly. We, therefore, wish for the matter to be determined before the date of the election.”
