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Former president and Umkhonto weSizwe Party (MKP) leader Jacob Zuma’s ambitions for a return to the National Assembly were dealt a blow after the Constitutional Court (ConCourt) found him ineligible due to his 15-month prison sentence for contempt of court, which had been handed down by the same court in June 2021.
The ruling by the apex court on Monday has favoured the decision of the Electoral Commission of SA (IEC) to disqualify Zuma because the Constitution prohibits anyone given a prison sentence of longer than 12 months from holding a parliamentary seat.
Justice Leona Theron proclaimed that Zuma’s disqualification was also because five years had not lapsed since the conviction had been handed down.
READ: IEC says it won't get involved in MKP power struggle, recognises Zuma as registered party leader
“This court concludes that Mr Zuma was convicted of an offence and sentenced to more than 12 months for the purposes of section 47(1)(e) of the Constitution and is accordingly not eligible to be a member of and not qualify to stand for election to the National Assembly until five years have elapsed since the completion of his sentence,” she said.
The ConCourt overturned the decision of the Electoral Court, which had found that Zuma’s sentence could not be regarded as a sentence as envisaged in the section. The matter was appealed by the IEC.
Theron also dismissed the MKP’s plea to have the judges who handed down his prison sentence recused.
She said:
She added that the hearing was about a narrow legal issue that was capable of determination without an interpretation of the contempt of court judgment.
"The general public needs to know that, if candidates on a party list are eligible to be members of the National Assembly, in respect of the merits, this court finds that the purpose of the disqualification is aimed at maintaining the integrity of South Africa's democratic regime, which was founded on the rule of law," she said.
READ: ConCourt dismisses Zuma's request to remove justices from IEC appeal case
The relevant clause of the Constitution adds that no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired.
The IEC was also challenging the Electoral Court's majority finding that President Cyril Ramaphosa's decision to grant a remission of sentence to thousands of inmates, to address prison overcrowding and ensure Zuma was immediately released from prison after he was forced to return because his medical parole, was found to be unlawful, reducing his sentence to three months. This shorter sentence length would mean Zuma could serve as an MP.
READ: Zuma's MK Party guns for the IEC, calls for Zondo's recusal in appeal
Zuma’s conviction led to widespread violence and looting at shopping malls across Gauteng and KwaZulu-Natal. The unrest also led to damage to infrastructure such as roads and medical warehouses between the two provinces.
The MKP could not be reached for comment on the ruling, but several of its members outside the court opined that the court had erred in its judgment. They said they would await instructions from the party's leadership on their next move.
