Johnathan Paoli
The Electoral Commission (IEC) has officially disqualified former president, Jacob Zuma, from standing as a candidate in the upcoming National General Elections.
In a media briefing on Thursday afternoon, the IEC said it received and upheld an objection against Zuma, specifically relating to his criminal record, which made him ineligible from being elected to the National Assembly.
The IEC said a candidate could be disqualified if he or she had been sentenced to more than 12 months in prison without the option of a fine.
IEC chairperson, Mosotho Moepya said in the case of Zuma, the commission did receive an objection, and that the party that nominated him has been informed as well as the objectors.
Section 47 and 106 of the Constitution sets out the eligibility criteria and qualifications for the national and provincial legislatures respectively.
The sections provide that every citizen who is qualified to vote for the national assembly and/or provincial legislature is eligible to stand for election except anyone who has been declared to be of unsound mind by a court of the Republic; unrehabilitated insolvents; and any person who was convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine.
In 2021, Zuma was sentenced to a 15-month prison term after being found guilty of contempt of court.
“This disqualification ends five years after the sentence has been completed. These grounds of disqualification do not extend to those who are yet to be sentenced,” Moepya said.
In other words, while the objection to his candidacy has been sustained by the IEC for the 2024 elections, he would be eligible for the next round in 2029.
Moepya says only eight candidates nominated by 21 political parties were not eligible to contest elections due to criminal records and or convictions.
“Of the 82 objections received, 74 were submitted on time. A total of eight objections were submitted after the cut off time,” the
He said that despite many of the objections not meeting the prescribed format of submission, the commission in keeping with its obligations to ensure free and fair elections, considered whether substantively the objections met the criteria in the constitution and the law.
The MK party however, has contended the objection, and said that while he may be disqualified from holding public office, the Constitution stipulated that the commission cannot stop Zuma from appearing on the ballot.
Moepya said Zuma had until 2 April to appeal his disqualification at the Electoral Court.
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