Former president Jacob Zuma. Picture: Gallo Images/Fani Mahuntsi
The Electoral Commission of South Africa (IEC) has approached the Constitutional Court on an urgent basis to appeal the decision of the Electoral Court, which has made it possible for former president Jacob Zuma to run for elections.
The IEC has submitted that the former president was convicted of an offence and sentenced to 15 months in prison, and is therefore not eligible to stand for an election to the National Assembly until five years after completing his sentence.
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“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 issye but also for future elections,” said the IEC.
It said the appeal was not intended to involve itself in politics, and wanted the matter resolved “before the date of the elections”.
The IEC is yet to receive the Electoral Court’s reasons for its Tuesday order in favour of Zuma.
“We have noted that the orders were issued without reasoned judgement. In order to understand the basis of the conclusions reached in both matters, it is important that reasons are provided. We will accordingly request the Electoral Court to hand down reasons for the orders made,” said the IEC on Tuesday.
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“Naturally the commission is taking legal advice on the matters and will chart a way forward based on such advice as well as reasoned judgements that it may receive, hopefully, in the not-too-distant future.”
Speaking outside the Gauteng High Court in Johannesburg on Thursday, Zuma took aim at the IEC, suggesting they had overeached their mandate.
“Where does IEC enter into politics? Their job is to help citizens vote. Who the next president of the nation is is none of their business. They saw my name and now they are saying Zuma will never go there,” the former president continued.
Watch a clip of Zuma addressing supporters outside of court below.
Meanwhile, Freedom Under Law (FUL) has called on the Electoral Court to furnish South Africans with the reasons for granting Zuma’s appeal against the IEC’s decision to bar him from running for elections.
“The former president had initially been disqualified based on an objection grounded in provisions of the Constitution, which preclude anyone convicted of an office and sentenced to more than 12 months’ imprisonment from being a member of the National Assembly,” it said.
“The need for an urgent decision on this matter is understandable, considering that elections are imminent. However, the reasons for the decision are of importance, both for the eligibility of the candidate in question and as a general precedent.”
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