IEC lodges urgent ConCourt appeal after Electoral ...

IEC lodges urgent ConCourt appeal after Electoral Court ruling on Zuma election participation

JOHANNESBURG, News24 - The Electoral Commission of SA has lodged an urgent and direct appeal to the Constitutional Court to challenge an Electoral Court order on its decision to bar uMkhonto weSizwe Party (MK Party) leader Jacob Zuma from participating in the elections.

The IEC initially said that Zuma could not be a candidate because he had been sentenced to 15 months in prison for contempt of court.

The decision was challenged, and on Monday, the parties battled it out in the Electoral Court, sitting in Johannesburg.

On Tuesday, the court ruled in Zuma’s favour, which meant he could contest for a seat in Parliament and on Wednesday, his name topped the MK Party parliamentary list.

However, the IEC wants clarity after the Electoral Court did not provide reasons for its order.

“The commission believes there is substantial public interest in providing certainty on the proper interpretation of Section 47(1)(e) [of the Constitution] and its interplay with the powers of the commission to adjudicate objections to candidates,” it said in a statement on Friday.

It further said: “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 commission wishes to emphasise that this 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.”

Both MK Party spokesperson, Nhlamulo Ndlela and IEC chief electoral officer, Sy Mamabolo told the SABC that the Electoral Court should provide reasons for the order as soon as possible.

Ndlela said: “What is baffling to us is what is the IEC opposing here? That is the question we ought to be asking ourselves because we don’t know the reasons the Electoral Court made its decision. So, what is the basis of their challenge to the Constitutional Court?”

Former President Jacob Zuma maintains that he did not finish his second term. “I was recalled. If the people want me to serve (as president), no one can stop me. I should be allowed to finish what I started.”

He said it was “clear overreaching by the IEC and an act of desperation”.

“Why would they go to the extent of wanting to further this case when it is the actual objector who ought to be taking this matter further. What have they got to lose? Why are they so adamant that this matter must continue. The IEC continues to act in a way that is concerning and raising questions about their independence in terms of their role. Are they now becoming a player in this political landscape?” he added.

Mamabolo said the IEC took the step because it was of the view that there was a “substantial and overriding” public interest in securing a clear understanding of the interpretation of Section 47 (1) (e) of the Constitution, particularly its interplay with the commission’s powers to deal with objections.

“The appeal is really about securing clarity so that all role-players can understand what that Constitutional provision is, how it ought to be interpreted, and for the future everybody knows with certainty and legal clarity as to what that provision provides and what it does not provide for.”

He said if the commission took the matter to the Supreme Court of Appeal, there might be another appeal to the apex court.

Mambolo denied allegations that the IEC was entering the political arena.

He added: “The IEC remains impartial and committed to an even administration of the electoral process. This has nothing really to do with prejudice towards them. What this intends to do is to realise and procure legal certainty for these elections and for future elections.

“This should not be confused with the ballot design issues.

“The principle that underpins the ballot design is that the photograph on the ballot would be of the registered party leader, irrespective of whether that leader is a candidate in the elections or not. There cannot be accusations of partiality. All we seek is that that legal principle be clarified once and for all,” said Mamabolo.

On Thursday, Zuma slammed the IEC for attempting to bar him from contesting a seat in Parliament.

Speaking to MK Party supporters outside the Gauteng High Court in Johannesburg, after the postponement of his private prosecution of President Cyril Ramaphosa, he said: “I have never committed a crime. The IEC did not say anything about the person who stole money and hid it under a mattress in his house.

“It targeted someone who had never even stolen a needle - Jacob Zuma. They said, ‘He will not be there’. Where does the IEC feature in politics?”

He added: “Just to illustrate to you that there is discrimination in South Africa since I established [the] uMkhonto weSizwe Party, the party that I am going to vote for.

“I wanted a party that people could relate to, but before we could even get to voting day, I heard that those who are in charge of helping those who are in government to count the vote and are supposed to be impartial had decided to remove my name from the ballot because I am a convict.

“Their responsibility is to facilitate the voting process and deliver a free and fair election.

“They have nothing to do with who becomes the president. That is none of their business, but because they saw my name, they said my name should be removed. Where have you ever heard of anything like that?”