The Electoral Court has set aside the decision by the Independent Electoral Commission (IEC) to disqualify former President Jacob Zuma to contest this year’s elections.
The IEC barred Zuma from the polls, as it argued that he is ineligible to run for a parliamentary seat due to his criminal record, after he was sentenced to a 15-month prison sentence imposed by the Constitutional Court in 2021.
This after he defied the court’s order to appear before the Commission of Inquiry into Allegations of State Capture.
“The application for leave to appeal is granted. The appeal succeeds. The decision of the Electoral Commission of 28 March 2024, in terms of which the Electoral Commission upheld Dr Matsapola’s objection to the second applicant’s candidacy (Mr Zuma) is set aside and substituted with the following: ‘The objection is hereby dismissed,” read the judgment from the court, which was made electronically.
The court did not make an order regarding the costs.
In its application before the court, the IEC argued that section 47 of the constitution bars individuals who were sentenced to prison for longer than 12 months without the option of a fine from becoming a Member of Parliament.
Zuma’s team however argued that the IEC had no jurisdiction to disqualify him from contesting the polls, and that power resided with the National Assembly.
It’s still not clear if the IEC is going to appeal the judgment or not.
