Johnathan Paoli
Former President Jacob Zuma has made an application to the Constitutional Court to have the six Justices that presided over his contempt of court case to recuse themselves when it hears the Electoral Commission (IEC)’s appeal against his eligibility next week.
In a combined notice of counter application on Friday, Zuma’s legal team applied for leave for conditional cross appeal, and said that it relied on section 167(2) of the Constitution, effectively under-cutting the prescribed quorum of eight judges required to hear the IEC’s appeal.
The judges the former president is seeking to remove include: Chief Justice Raymond Zondo, Mbuyiseli Madlanga, Steven Majiedt, Nonkosi Mhlantla, Leona Theron and Zukisa Tshiqi.
The IEC is appealing against the Electoral Court judgement last month, which held that the sentence in Zuma’s contempt of court case, could not be read as a sentence for the purposes of section 47(1)(e) of the Constitution, thus confirming his eligibility to run in the upcoming elections.
In 2021, Zuma was sentenced to 15 months in prison for his refusal to appear before the Zondo Commission on State Capture, with the ConCourt acting as a court of first instance, consequently making impossible any appeal.
The Council for the Advancement of the South African Constitution (CASAC) applied to be joined to the IEC’s appeal case, claiming that the ruling should help mitigate the Electoral Court’s alleged misinterpretation of the act of remission.
The lobby group is expected to give five submissions to the court, with filing to start on Monday.
In another twist, Zuma has expressed his intention to appear before the ANC disciplinary hearing on Tuesday, with MK spokesperson, Nhlamulo Ndhlela saying the series of cases and hearings against Zuma was a clear indication of the agenda against him.
“We don’t understand what this whole fuss is about and that’s why we’ve won all these cases and we continue to win. And that’s just a clear demonstration that it’s a desperate act on their end,” Ndhlela said.
ANC spokesperson Mahlengi Bhengu-Motsiri said the actions of the party’s disciplinary committee was completely separated from the party’s electioneering.
“The National Disciplinary Committee has determined to take this matter forward, it has nothing to do with our elections campaign. It cannot be affected by the fact that the ANC is doing its work dutifully. So, there is no politics involved in this thing,” she said.
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