The IEC has defended its decision to approach the Constitutional Court seeking “clarity” on the implications of an Electoral Court judgment nullifying its decision to bar former President Jacob Zuma from running in the upcoming elections.
On Thursday the Electoral Court sitting in the Johannesburg High Court overturned an IEC decision upholding an objection to Zuma’s candidacy on the basis of his incarceration for contempt of court after he refused to appear before the state capture commission chaired by then Deputy Chief Justice Raymond Zondo whom he accused of being biased against him.
The commission briefed the media at its Centurion headquarters on Tuesday and said its approach to the Apex court is meant to provide much needed clarity on its powers as well as to provide a thorough interpretation of Section 47 of the constitution which disqualifies anyone sentenced to more than 12 months imprisonment without the option of a fine from running for office.
“On the basis of those orders we think there’s a need for clarity on a number of issues, one did the commission go beyond its scope of authority in invoking section 47 1e, we have no clarity as a country on that aspect at the moment.
“Number two, did commissioner Love prejudge the issue to the extent that she ought to have recused herself, we don’t know whether the statement that she made in response to a media question did in fact constitute prejudging the issue.
“Whether remission of sentence amounts to the reduction of the sentence as ordered by a court of law, we don’t know,” said Chief Electoral Officer Sy Mamabolo.
Mamabolo said the clarity sought by the commission goes beyond the current matter involving Zuma.
“So those questions have to be answered for the clarity of everybody in respect of the immediate case but also in respect of future elections,” he said.
Mamabolo also dismissed MK party’s call for IEC Commissioner Janet Love to resign on the basis of alleged bias against Zuma. “It’s not a matter that the commission has looked at nor has commissioner Love looked at the matter. In the absent any substantive evidentiary material establishing misconduct on the side of commissioner Love then there will be no basis for such a resignation,” he said also defending Love’s affiliation to the ANC ( She served as an ANC MP during the period 1994-1999 and in the party’s National Executive Committee 2007-2010).