THE Independent Electoral Commission of South Africa (IEC), the uMkhonto Wesizwe (MK) party and former president Jacob Zuma have until the end of business on Tuesday, 14 May, to answer the directions given by the Constitutional Court.
The Apex Court wants the parties to submit written submissions on allegedly biased comments by Electoral Commissioner Janet Love.
Zuma has raised concerns that Love wouldn’t be fair to him.
He asked the commission to fire her.
This follows Love's alleged comment in January 2024 that former president Jacob Zuma was not eligible for a seat in Parliament.
Zuma and MK's legal representative Advocate Dali Mpofu told the court last week that the commissioner made a premature announcement about his client.
The court sent a list of seven questions to the IEC, MK and Zuma that must be answered.
Among them is whether Love ought to have refrained from expressing a view on Zuma’s eligibility, whether she ought to have recused herself from participating in the IEC’s determination of the former president’s eligibility and what effect her participation had on the IEC’s determination of Zuma’s eligibility.
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In 2021, Zuma was sentenced to 15 months for contempt of court for ignoring an order to appear at a corruption inquiry related to his presidency.
Subsequently, in 2023, President Cyril Ramaphosa granted remission to Zuma and 9 487 other prisoners serving sentences of less than two years for non-violent offences, shortening their sentences.
The IEC barred Zuma from participating in the 29 May elections, citing Section 47(1)(e) of the Constitution.
According to the Section, no person convicted for more than 12 months, without the option of a fine, is allowed to hold public office.
Zuma appealed the decision, and the Electoral Court ruled in his favour.
The commission turned to the highest court in the land to seek clarity on whether it has powers to use Section 47(1)(e).
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