THE Electoral Commission of South Africa (IEC) has defended its decision to challenge the Electoral Court’s ruling giving the green light for former president Jacob Zuma to possibly return to Parliament despite his conviction.
Zuma is uMKhonto weSizwe Party’s (MKP’s) leading candidate ahead of the May 29 national and provincial polls, but objections were lodged against his candidacy due to him being sentenced to 15 months’ imprisonment for contempt of court.
However, this week the Electoral Court ruled that Zuma was eligible to be an MP as he only served three months in prison and the remainder was remitted by President Cyril Ramaphosa.
The Constitution bars candidates with a conviction without a fine, or sentenced to more than 12 months’ imprisonment from standing in elections.
IEC chief electoral officer Sy Mamabolo said the commission lodged an urgent application directly to the Constitutional Court to appeal against the orders of the Electoral Court on the MKP matter.
”The basis of the appeal is to obtain clarity on the correct legal interpretation of the Constitution so that there is absolute clarity for all role-players and then there is legal certainty so that the commission is placed in a position for purposes of this election, but as well as for the future,” he said.
Mamabolo added that the IEC wanted to apply that provision of the Constitution evenly across all role-players.
”By taking this decision, the commission is not intending to enter into the political playing field, but rather to obtain clarity from the highest court in the land,” he said.
Mamabolo continued: “It’s in the interest of certainty that we are approaching the Constitutional Court directly.”
He said he hoped the matter would be settled before the elections, in the interest of free and fair polls.
Next month’s elections have attracted a wide range of candidates across the country.
Anti-drug community activist Dereleen James also appears on the national list for Action SA.
James rose to prominence after she wrote a letter to Zuma asking him to intervene and end the scourge of drugs plaguing Eldorado Park youth, including her son in 2013.
At the time, James was an ANC councillor candidate and she was appointed as a board member of the South African Institute for Drug-Free Sport, the Central Drug Authority as well as the police’s national anti-drug and gangsterism priority forum.
Disgraced former Tshwane mayor Stevens Mokgalapa also appeared on the final national list for former DA leader Mmusi Maimane’s Build One SA.
Mokgalapa was forced to resign from his position as mayor and as a member of the DA following a sex scandal in 2020. This was after the DA summoned him to a disciplinary hearing to explain statements he made in a purported sex audio recording that was circulated on social media.
He was heard bad-mouthing senior municipal officials and his colleagues in the political arena. The recording allegedly captured moments when he was engaged in sexual intercourse with former Roads and Transport MMC Sheila Senkubuge, who also resigned from the Tshwane Municipality following the scandal.
Trade union federation Cosatu general secretary Solly Phetoe has once again promised the ANC its members’ backing.
”We must ensure that on election day, our members, workers and their families vote for the ANC. We need an outright majority nationally and provincially,” he said.
Phetoe said Cosatu could not afford the chaos of coalitions that have been witnessed in municipalities to be extended to national and provincial government.
”We do not have the luxury with our many challenges, to experiment with anarchy when our people need jobs, electricity, water and an economy that grows,” he added.