The Constitutional Court found that former president Jacob Zuma is not eligible to be a member of Parliament on account of a criminal conviction, and a sentence of 12 months without the option of a fine. Picture: Itumeleng English/ Independent Newspaper
The uMkhonto weSizwe Party (MKP) has dismissed the judgment handed down by the Constitutional Court on Monday, which found that former president Jacob Zuma is not eligible to contest the elections, describing it as “flawed” and “immaterial”.
MK said the ruling would have no impact on the party’s fortunes on voting day.
Speaking after the apex court ruling, the party said that it had expected the judgment and viewed it as an effort by the judges to “cover up” the initial mistake of sending Zuma to jail for 15 months.
It was reacting to the judgment handed down by the Constitutional Court which found that Zuma is not eligible to be a member of Parliament on account of a criminal conviction, and a sentence of 12 months without the option of a fine.
Delivering the judgment, Justice Leona Theron said, “It is declared that Mr Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment... And (he) is accordingly not eligible to be a member of and not qualified to stand for election to the National Assembly.
The order of the Electoral Court is set aside.”
The Electoral Commission of South Africa (IEC) had taken the matter to the Constitutional Court after its decision to uphold an objection against Zuma’s candidacy was overturned by the Electoral Court.
MKP spokesperson Nhlamulo Ndhlela said the ruling changes nothing, as Zuma’s face will still be on the ballot.
“Nothing changes. President Zuma remains on the ballot. He is the leader of the party. We view this judgment as the settling of political scores and it reinforces our resolve to work and get the two thirds’ majority and change the Constitution.
“These are 10 unelected individuals (judges) that take decisions on behalf of close to 60 million people. They are depriving South Africans the right of sending their chosen leader (Zuma) to Parliament,” Ndhlela said.
Ndhlela said they had half expected the decision to go against them. “They (judges) made this decision to cover up their first mistake of sending president Zuma to prison. If they had not taken this decision, it would have exposed their first mistake.”
In a statement, the IEC welcomed the decision. “The commission had approached the Constitutional Court to seek clarity on whether it had powers to enforce section 47(1) of the Constitution. The section is about persons eligible to be members of the National Assembly.”
The commission said now that the matter has been settled and given that the constitutional uncertainties have been clarified, it will now continue with final preparations for free and fair 2024 national and provincial elections.
“To avoid confusion, the commission reiterates that the judgment will not affect the ballot papers for the 2024 elections in any way. The photo of Mr Jacob Zuma will remain in the cluster of identifiers of the uMkhonto weSizwe (MK) Party. The name of Mr Jacob Zuma will, however, be removed from the list of candidates nominated by the MK Party,” said the IEC statement.
Political analysts said the judgment would have no influence on support for the MKP.
Analyst Thabani Khumalo said the judgment was meaningless and would have no impact on MKP support as Zuma remained the party’s leader and was likely to be influential even behind the scenes.
“I have doubted that Zuma would want to jeopardise his pension by going back to Parliament to be a backbencher.”
He added that the party had always known this was a possibility. “The first prize was always for Zuma to be the face of the campaign, and Zuma remains the leader of the party and the face of their campaign. The MK will get seats and the person that will be going to Parliament on behalf of the party will be a person that is chosen by Zuma. This judgment has no meaning for the party.”
Another analyst Daniel Silke agreed, saying the decision will not have a dramatic impact on the support for the MKP and that Zuma’s photo will remain on the ballot paper.
“The fact that he will not be eligible to take up a seat in the National Assembly, I do not think that will be seen as the impediment for voters. Voters who support Zuma find him an attractive personality and will continue to support MK. The decision will have a neutral effect on MK and still leaves president Zuma able to campaign and be the face,” he said.
The SACP in a statement said it welcomed the ruling, adding that the judgment must be accepted by members of the MK Party.
“The Constitutional Court agreed with the IEC that, at this stage, Zuma is not eligible to stand as a candidate for election. Zuma and his supporters must accept the rule of democratic law,” the SACP said.
Reacting to the judgment shortly after the ruling of the apex court, Black First Land First leader (BLF), Andile Mngxitama, said it was clear that the Constitutional Court was being used to fight Zuma.
The Mercury
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