Former president Jacob Zuma will be allowed to be on the list of uMkhonto weSizwe (MK) party after the Electoral Court dismissed the objection.
Zuma is number one on the list of candidates for the MK party to Parliament.
The Electoral Court delivered its judgment on Tuesday after it heard arguments from both Zuma’s counsel and the Electoral Commission of South Africa (IEC).
The IEC had released the list of candidates of parties, and in line with the law, asked for objections.
It received an objection against Zuma, following his incarceration at the Estcourt prison in KwaZulu-Natal in 2021 for defying the Constitutional Court.
Zuma’s counsel, advocate Dali Mpofu SC had argued in court that the IEC had no authority to remove Zuma from the list.
He said that decision lies with the National Assembly.
But advocate Thembeka Ngcukaitobi SC, for the IEC, argued that the commission was applying section 47 of the Constitution which was clear on the selection of candidates to Parliament.
He said the law directly outlined that lawbreakers cannot be lawmakers.
Ngcukaitobi said Zuma had violated the law and as such was sentenced to imprisonment by the Constitutional Court.
Despite his appeals against the judgment, the Constitutional Court said the decision cannot be appealed and he had to serve 15 months in jail.
The fact that president Cyril Ramaphosa released him a few months later did not suggest it changed his sentence of 15 months that was imposed by the court.
It was immaterial that Zuma spent less than the prescribed term, but the sentence of the apex court stands.
Zuma announced in December he was joining the MK party. The ANC suspended him.
However, he has been campaigning for the MK party and was number one on their list.
Zuma’s daughter, Duduzile Zuma-Sambudla was also on the list, as well as former finance minister Des van Rooyen.
The man who registered the MK party last year, Jabulani Khumalo, was also on the list.
IOL Politics