The legal battle between the Electoral Commission of South Africa (IEC) and the Umkhonto weSizwe (MK) party over the candidacy of former President Jacob Zuma has been a subject of significant public attention.
On Tuesday, the IEC’s Chief Electoral Officer, SY Mamabolo, addressed the media, providing insights into the implications of this legal dispute on the upcoming elections.
Mamabolo emphasised that regardless of the outcome of the legal proceedings, it will not affect the ballot.
He clarified that Jacob Zuma would appear on all three ballot papers, irrespective of the case before the Constitutional Court (ConCourt).
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Mamabolo stated, “The outcome will have no bearing on the ballot paper. As matters stand, Mr. Zuma is the registered party leader of MK party and, to that extent, he is the person whose photograph is on the ballot paper for MK.”
Last week, the ConCourt heard the IEC’s leave to appeal application against an electoral court judgment.
The ruling overturned the commission’s decision to bar Zuma from standing for public office as an MK party candidate. The electoral court’s conclusion was that Zuma’s 15-month sentence for contempt couldn’t be appealed and, thus, didn’t meet the criteria of a “sentence” under section 47(1)(e) of the constitution.
Advocate Tembeka Ngcukaitobi, counsel for the IEC, argued that the commission’s decision to uphold an objection against the former president’s participation in the election was correct.
Ngcukaitobi requested the ConCourt to treat the IEC’s appeal application with urgency and to make a ruling on Zuma’s eligibility before the voting day.