South Africa: Jz's Electoral Court Victory Makes Final Weeks Before SA's Elections 2024 Alive With Possibilities

analysis

The Electoral Court decision allowing former president Jacob Zuma to be a parliamentary candidate for the uMkhonto WeSizwe (MK) party has raised several questions that are difficult to answer. However, the overall significance of the ruling is that MK may now feel it has momentum going into the 29 May general election, which could seriously energise the poll.

The Electoral Court's ruling overturning the Electoral Commission of SA's (IEC's) decision to uphold an objection against former president Jacob Zuma standing for Parliament came as a surprise to most people who had been following the case.

This was primarily because, as has been pointed out, the Constitution is very clear on this matter: persons who have been sentenced to a term of more than 12 months in prison in the last five years cannot represent a political party in Parliament.

Fact Check -- Can Zuma stand for election if he has a criminal record?

As Zuma was sentenced to 15 months in prison three years ago, it seemed obvious he would not be eligible to stand.

Before the Electoral Court decision, experts including constitutional law Professor Pierre de Vos said he was ineligible.

This writer had also assumed this to be the case.

So clear is the constitutional language that IEC Commissioner Janet Love said in January that Zuma's candidacy would be "impeded" by his sentence.

It is one of the strange nuances of this situation that while MK has used Love's comment to claim the IEC was biased against Zuma, it was Zuma who appointed...

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