The South African Electoral Court has overturned the Electoral Commission of South Africa’s (IEC) decision to disqualify former President Jacob Zuma from contesting in the upcoming elections scheduled for May 29.
The ruling, delivered on Tuesday afternoon, allowed Mr. Zuma to be included on the electoral ballot. The court dismissed the IEC’s objection to Mr. Zuma’s candidacy, citing procedural grounds.
“The appeal succeeds. The decision of the electoral commission of March 28, 2024, in terms of which the electoral commission upheld Dr. [Maroba] Matsapola’s objection to the second applicant’s candidacy [Mr. Zuma] is set aside and substituted with the following: The objection is hereby dismissed,” the court ruled.
The IEC had initially barred Mr. Zuma from running for office due to his previous conviction for contempt of court and subsequent 15-month prison sentence in 2021. However, Mr. Zuma’s legal representative, advocate Dali Mpofu, argued in court that the IEC lacked the authority to exclude the former president from the candidate list.
“The point of the matter is that we all know that there was no trial, plea, or standing in the dock. This is the only person who sat in jail without being found guilty or not found guilty. It is Mr. Zuma,” Zuma’s defense team argued.
Jacob Zuma, who leads the uMkhonto we Sizwe Party, had been incarcerated in July 2021 for disobeying a Constitutional Court order to appear before the Zondo Inquiry into State Capture. He served only three months of his 15-month sentence after President Cyril Ramaphosa granted him remission in August 2023.
Advocate Thembeka Ngcukaitobi of the IEC argued that the commission was upholding section 47 of the South African Constitution, which stipulates that individuals who have violated the law cannot hold legislative positions.
Notably, Mr. Zuma parted ways with South Africa’s ruling party, the African National Congress (ANC), last year and subsequently joined the uMkhonto we Sizwe Party.