Zuma could be allowed to contest elections due to Ramaphosa’s pardon

Will President Cyril Ramaphosa’s pardon be the key to allowing former president Jacob Zuma to contest in the 2024 elections?

Political analyst Professor Dirk Kotze seems to think so.

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Zuma’s appeal against IEC decision

The IEC said Zuma was barred from contesting the elections because he has a criminal record. The uMkhonto we Sizwe (MK) party has appealed this decision. The Electoral Court will on Monday hear the appeal.  

ALSO READ: IEC upholds objection to Jacob Zuma contesting elections

In an interview with the SABC, Kotze said the pardon Zuma received from Ramaphosa will likely be used by the MK party to argue its case.

Zuma was released from prison in August 2023 after being pardoned by Ramaphosa. The former president spent little more than an hour behind bars, after being sentenced for contempt of court.

At the time, Ramaphosa approved the remission of non-violent offenders to ease the overcrowding of South Africa’s prisons.

Will presidential pardon give Zuma a lifeline?

Kotze said the Electoral Court will have to decide if the presidential pardon means that the Constitution’s rules still apply.

“Zuma was sentenced to 15 months … So, from that point of view, he was disqualified. But now there are arguments that say that President Ramaphosa announced a general release of prisoners in general at the same time as he pardoned people who were on parole. Any form of parole, that they will be able to conclude their sentence immediately. And on the basis of that, he enjoys a form of presidential immunity or presidential pardon; and for that reason, this determination by the Constitution does not apply to him anymore,” he said.

ALSO READ: MK will still do well without Zuma – experts

The IEC said Zuma was not eligible to stand in the elections because of section 47 and 106 of the constitution. This prevents any person convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine from contesting.

ANC vs MK party in trademark case

The MK party is also involved in another court case against the ANC over the use of the uMkhonto weSizwe (MK) name and logo.

The ruling has argued that the use of the uMkhonto weSizwe name and logo will confuse voters into thinking there is an association between the ANC and MK party.

The ANC approached the High Court in Durban to claim the logo and name as its intellectual property.

ALSO READ: Court: ANC insists MK party wants to confuse voters