The Electoral Commission of South Africa (IEC) has taken the matter to the Constitutional Court on an urgent basis in order to appeal the decision made by the Electoral Court. This decision has made it possible for former President Jacob Zuma to participate in the upcoming elections.
The IEC argues that Zuma’s conviction and subsequent 15-month prison sentence render him ineligible to stand for election to the National Assembly until five years after completing his sentence.
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The IEC emphasizes that there is a significant public interest in obtaining clarity on the proper interpretation of Section 47(1)(e) and its relationship with the commission’s powers to adjudicate objections to candidates.
The commission believes that such clarity is crucial not only for the present matter but also for future elections. The IEC asserts that its appeal is not motivated by political considerations and aims to have the matter resolved before the date of the elections.
Currently, the IEC is still awaiting the Electoral Court’s reasons for its order in favor of Zuma. The commission notes that the orders were issued without a reasoned judgment and, therefore, requests the Electoral Court to provide the reasons for the orders made.
The IEC states that it will seek legal advice on the matter and will determine the way forward based on this advice and any reasoned judgments it may receive in the near future.
Former President Jacob Zuma, speaking outside the Gauteng High Court in Johannesburg, expressed his disapproval of the IEC’s actions, suggesting that they had exceeded their mandate.
Zuma questioned the role of the IEC in politics, emphasizing that their primary responsibility is to assist citizens in exercising their right to vote. He claimed that the decision to bar him from running for elections was unwarranted and accused the IEC of interfering in matters that are beyond their jurisdiction.
ON IEC AND SA COURTS/THE LAW
𝐉𝐚𝐜𝐨𝐛 𝐙𝐮𝐦𝐚 𝐓𝐨 𝐈𝐄𝐂: 𝐍𝐢𝐧𝐠𝐞𝐧𝐚𝐩𝐡𝐢?
“I committed no crime.”
“The IEC is saying nothing about the person stealing money and hiding it under the mattress at home . Nothing. They’re going after a person that did no wrong… A person… https://t.co/dzWHBYmzdI pic.twitter.com/aV4UUF6rMM
— Mr. Tshweu (@TshweuMoleme) April 11, 2024
Meanwhile, Freedom Under Law (FUL) has called on the Electoral Court to provide South Africans with the reasons behind its decision to grant Zuma’s appeal against the IEC’s initial decision to disqualify him from running for elections.
FUL acknowledges the urgency of the matter due to the imminent elections but emphasizes the importance of understanding the reasons for the decision, both in terms of the eligibility of the candidate in question and as a general precedent.
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In conclusion, the Electoral Commission of South Africa has approached the Constitutional Court to appeal the decision of the Electoral Court, which allows former President Jacob Zuma to participate in the upcoming elections.
The IEC seeks clarity on the interpretation of relevant legislation and emphasizes the need for certainty in this matter and future elections. While awaiting the Electoral Court’s reasons for its decision, the IEC is taking legal advice and aims to resolve the matter before the elections.
Zuma, on the other hand, criticizes the IEC’s involvement, questioning their authority in political matters. Freedom Under Law calls for transparency and urges the Electoral Court to provide reasons for its decision.
 has appealed the decision allowing former President Jacob Zuma to run for elections. The IEC seeks clarity on the interpretation of relevant legislation and emphasizes the need for certainty in this matter and future elections.){kind=link}