MK’s Zuma court victory: IEC launches appeal to Constitutional Court

The Electoral Commission of South Africa, known as the IEC, yesterday confirmed that it has lodged an urgent and direct appeal to the Constitutional Court regarding the Electoral Court ruling that former president Jacob Zuma is eligible to stand for Parliament.

In January, the IEC said Zuma could not contest the general elections as an uMkhonto weSizwe (MK) Party candidate because of his criminal record. The IEC cited section 47(e) of the Constitution.

As reported by Caxton Local Media, on Tuesday the Electoral Court dismissed the decision by the IEC.

However, the IEC believes there is substantial public interest in providing certainty on the proper interpretation of section 47(1)(e) and its interplay with the powers of the IEC to adjudicate objections to candidates.

“Such clarity is important in the present matter because of a live issue but also for future elections. It is furthermore important that such legal clarification is obtained from the highest court in the land which has constitutional-matter jurisdiction. Hence, a direct appeal to the Constitutional Court.

“The IEC emphasised that the appeal is not intended to involve itself in the political field of play, it is rather to ensure free and fair elections by ensuring that applicable constitutional provisions relating to elections are clearly understood by all role-players and applied evenly,” said IEC spokesperson Kate Bapela in a media statement.

“The IEC therefore wants the matter to be determined before Election Day.”

On Tuesday, the IEC received two orders from the Electoral Court.

“We have noted that the orders were issued without reasoned judgment… To understand the basis of the conclusions reached in both matters, it is important that reasons are provided. We will accordingly request the Electoral Court to hand down reasons for the orders made.”

The first order relates to the candidacy of the erstwhile president Jacob Zuma, while the second relates to the interpretation of the word consulate to include honorary consulates as provided in section 33(3) of the Electoral Act. The latter was brought about after an appeal to the Electoral Court by the DA.

The IEC said on Tuesday that it is taking legal advice on both matters.