The Electoral Commission of South Africa (IEC) has officially confirmed that former president and current ANC member, Jacob Zuma, will appear on the ballot paper this year as a candidate for the Umkhonto Wesizwe Party.
Despite facing ongoing legal challenges and objections, Zuma has been actively campaigning for the party for several months.
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Zuma’s candidacy has been clouded by an objection that his conviction and sentencing for contempt of court should disqualify him from running for a seat in parliament.
However, the Electoral Court recently set aside the IEC’s initial decision to bar him from the ballot. The IEC has taken the matter to the Constitutional Court, and on Tuesday, it was confirmed that Zuma would indeed be on the ballot.
Deputy Chief Electoral Officer Masego Sheburi clarified that the party’s campaign activities and posters do not necessarily reflect the final decision regarding the candidate’s eligibility.
Sheburi stated, “for the parties that we have asked about, we can confirm that the face of the party on the ballot paper in respect of the MK Party will be that of Mr Jacob Zuma because the party has given us notice that it has changed its leadership structure. Mr [Jabulani] Khumalo is no longer the party leader, Mr. Zuma is the party leader.”
“We can confirm that the face that will be on the ballot for the MK Party is Jacob Zuma, and is no longer Jabulani Khumalo as the party confirmed to the commission” – Deputy Chief Electoral Officer Masego Sheburi#Newzroom405 pic.twitter.com/xFvMvjVv1S
— Newzroom Afrika (@Newzroom405) April 16, 2024
After the Umkhonto Wesizwe (MK) Party turned to the court in a last-ditch effort to secure Zuma’s candidacy, the IEC’s attempt to have him dismissed was rejected.
The Electoral Court, sitting in the Johannesburg High Court, deemed Zuma and MK’s appeal successful and granted the application for leave to appeal. This ruling effectively overturned the IEC’s decision to uphold an objection against Zuma’s candidacy.
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Sheburi emphasized that the IEC’s main concern is the “identifiers” on the ballot paper, indicating the party’s leadership structure. The court case saw the IEC’s counsel, Advocate Thembeka Ngcukaitobi, arguing that Zuma’s arrest and subsequent pardon by President Cyril Ramaphosa did not erase the 15-month sentence imposed on him.
Ngcukaitobi referenced Section 47(1)(e) of the Constitution, which states that certain convictions and offences can preclude individuals from exercising their rights to hold parliamentary positions.
Ngcukaitobi further argued, “the reason they put it at 12 months is because it is a signal of the seriousness not only of the conviction but of the offence, and the reason they also make it clear that there should be no option of a fine is that serious lawbreakers should not be lawmakers.”
