Johnathan Paoli
THE Constitutional Court has asked all three parties including former president Jacob Zuma, the uMkhonto weSizwe (MK) party and the Independent Electoral Commission to put in writing their argument regarding Electoral Commissioner Janet Love’s statement about Zuma’s eligibility to stand for election.
In a request made on Monday, the Con Court asked the parties to make written submissions of not more than 20 pages. This takes place in the middle of the IEC’s appeal against the Electoral Court’s ruling that Jacob Zuma would be allowed to stand as a candidate and possibly become the country’s next president
Top of the list is Love’s remarks made during a press conference in January when she stated that Zuma would not be eligible to be a candidate on the MK Party’s parliamentary list because he had been sentenced to 15 months in prison for contempt of court.
In dealing with this current issue, the Con court is calling for reasons from the three parties explaining why Love should have refrained from commenting before the IEC ruled.
“Having not refrained from expressing a view about Zuma’s eligibility ought she to have recused herself from participating in the Electoral Commission’s determination of the eligibility?” wrote Sibusiso Mapossa, Con Court registrar.
Finally, the country’s apex court called upon the parties to make submissions regarding the jurisdiction and capability of the court to substitute the determination made by the Electoral commission.
On Friday last week, lawyers acting for Zuma, argued in the Con Court that Love’s statements regarding the eligibility of the former president illustrated her bias in determining whether he could run or not. Judgement on this has been reserved.
The issue being dealt with in the Con Court is what is the correct interpretation of 47(1)(e) of the Constitution. Zuma was sentenced to 15 months for contempt of court after he failed to appear before the Zondo Commission into state capture.
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