Former President Jacob Zuma is not eligible to stand as a candidate for parliament in the upcoming National and Provincial elections.The constitutional court made the ruling this morning overturning an earlier decision by the electoral court which declared him fit to stand.The judgement does not affect MK party’s decision to have Zuma as the face of its campaign.The IEC took the matter to the apex court “seeking clarity” on the proper interpretation of 47 (1e) of the constitution which bars anyone convicted of a crime and sentenced to 12 months or more are not eligible to stand for public office.“ This court finds that its constitutional jurisdiction is engaged because Mr Zuma’s eligibility to stand for election.This courts found that the purpose of the disqualification in section 471e is aimed at maintaining the integrity of South Africa’s democratic regime which is founded on the rule of law by ensuring that members of the National Assembly possess the record of respect for the rule of law,” said Justice Leona Theron also indicating that the decision was unanimous. The electoral court had ruled Zuma’s contempt of court conviction for refusing to appear before then Deputy Chief Justice Raymond Zondo was not a typical sentence as contemplated section 47(1e) of the constitution which bars individuals convicted of crimes and sentenced to more than twelve months imprisonment with no option of a fine but the apex court dismissed this finding.“This court finds that there’s no difference between a conviction following proceedings and a conviction following civil contempt of court proceedings since a person is convicted of a criminal offence in respect of both those proceedings,” said Justice Theron.“This court concludes that Mr Zuma was convicted of an offence and sentenced to more than twelve months imprisonment for the purposes of section 471e of the constitution and is accordingly not eligible to be a member of, and not qualified to stand for election to the National Assembly until 5 years have elapsed since the completion of his sentence,” said Theron.
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