Johnathan Paoli
THE Constitutional Court has granted the uMkhonto weSizwe party an extension to file its answering affidavit in response to the Independent Electoral Commission (IEC)’s application to appeal the Electoral Court decision on former president Jacob Zuma’s eligibility in the upcoming elections.
The country’s apex court granted the party the extension on Thursday and said that it came to its decision following complaints from MK’s legal representative that the previous deadline was too short and did not afford them sufficient time in which to mount a compelling defence.
More than three weeks ago, the Electoral Court made a ruling setting aside the IEC’s decision to disqualify Zuma as a candidate, but has yet to release the reasons for the judgement.
Despite the lack of substantiation, the commission approached the ConCourt for an appeal against the order, and said that it believed there were adequate grounds for the disqualification of the former President.
The IEC said that it based its appeal on its legal right to disqualify a candidate if he or she has been sentenced to more than 12 months in prison without the option of a fine, in line with section 47 of the Constitution.
In 2021, Zuma was sentenced to a 15-month prison term after being found guilty of contempt of court.
IEC chairperson Mosotho Moepya said the commission “unable to wait for an unknown period” as this is “a pressing matter of national importance that needs to be addressed,” and that if it’s not finalised before the 29 May elections, there’s a real risk of a disputed election outcome.
MK’s advocate Dali Mpofu maintained that Zuma had a right to contest the elections due to the presidential remission which effectively reduced the sentence to three months, thus falling short of the legal requirements.
“What we are saying is that if he was pardoned, then this argument would not stand, but the effect of remission has been clearly defined as to cancel the sentence or to set aside the sentence. In this case, the ultimate sentence, as a result of the remission, is three months. Once the sentence is set aside, whether as a result of remission, it is set aside,” he said.
Mpofu argued that if Zuma is not allowed to remain on the list, MK party supporters would be deprived of their right to vote for a candidate of their choice.
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