Former president Jacob Zuma met Tuesday’s deadline to appeal the Electoral Commission of SA’s (IEC) endorsement of objections to his candidacy for a parliamentary seat in the elections on May 29.
“Yes, the appeal has been filed,” IEC spokesperson Kate Bapela confirmed to Business Day at 4.49pm.
MK spokesperson Nhlamulo Ndhlela had earlier stated that “the appeal documents are being submitted as we speak”.
The IEC announced in a media briefing last Thursday that it had endorsed objections to Zuma’s nomination to stand for parliament. Despite a criminal record stemming from a 15-month prison sentence imposed by the Constitutional Court in 2021, the former ANC leader was nominated as the No 1 candidate by his newly formed MK party for the National Assembly.
Section 47 of the constitution bars individuals sentenced to prison for longer than 12 months without the option of a fine from becoming MPs.
However, Zuma’s legal representatives argued the IEC lacked the power, jurisdiction and/or authority to implement section 47(1)(e) of the constitution, which deals with regulating membership of the National Assembly. “That power resides with the National Assembly itself,” they said.
In the appeal documents Business Day has seen, dated April 2, Zuma’s legal representatives, Zungu Incorporated Attorneys, argued that the former head of state had not been convicted of an offence.
“The second appellant’s [Zuma] sentence to imprisonment was unappealable and in any event hit by the relevant proviso ... The remission of the second appellant’s sentence was not taken into account in computing the ultimate and effective sentence; and/or the objection is deficient and lacks the necessary averments.”
They state it could be deduced from the facts that Zuma was not criminally charged and did not undergo any criminal trial proceedings.
“The second appellant was not an accused, he was not charged of an offence by a criminal court, he was not involved in any criminal trial proceedings, and he was not afforded fair criminal rights in terms of section 35(3) of the constitution.”
Zuma began serving his sentence on July 8 2021, before being released on medical parole in September 2021.
His release was challenged and set aside by the Constitutional Court.
In August 2023, President Cyril Ramaphosa granted Zuma “remission of his sentence in terms of section 84(2) of the constitution”.
“It is trite that a remission of sentence has the effect of reducing a prisoner’s sentence of imprisonment and/or extinguishing the remaining part of the sentence. As at the date of the presidential remission of the sentence, Zuma had served just less than three months of the original sentence.
“By the act of remission, the remaining 12 months portion of the sentence was extinguished. Therefore, his effective or ultimate sentence was reduced to approximately three months, which is less than the 12 months yardstick prescribed in section 47(1)(e) of the constitution.”
Zuma’s attorneys also argued the IEC failed to provide reasons for its decision on Zuma’s candidacy.
The MK party ought to have received prior notification of the objections submitted to the IEC and the decision of the IEC on or before the announcement made on March 28.
“No such notification(s) were received apparently and mainly due to an error on the part of the IEC and the objectors in inserting the incorrect email address ... In the result, all of the above renders the decision to be procedurally unfair and/or irregular,” the attorneys argued.
The electoral court is expected to determine appeals relating to candidates on April 9, with the final lists of candidates set to be published on April 10.
Certificates of candidature will be issued on April 12.
The printing of ballot papers will commence after the candidate nomination process is finalised, as stated by the IEC.
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