The Constitutional Court has found that the Electoral Commission (IEC) is empowered to determine qualification for membership of the National Assembly before the May polls.
The legal counsel for the MK party and former President Jacob Zuma had argued that the IEC acted outside its jurisdiction when it upheld an objection against Zuma in terms of Section 47(1)(e) of the Constitution, and that only the National Assembly had this power.
However, the apex court found that the Electoral Act empowers the Commission to determine eligibility of candidates to stand for public office.
The court overturned the order of the Electoral Court that dismissed the objection against the former president.
Justice Leona Theron penned the unanimous judgment.
“Section 30 sub 3 of the Electoral Act requires the commission to decide the objection while section 27 of the Electoral Act deals with the party’s list of candidates. Section 27 (2) (B) requires that the lists must be accompanied by a prescribed declaration by a representative of the party and I quote ‘that each candidate on the list is qualified to stand for the election in terms of the constitution’.”
The IEC has noted the Constitutional Court’s ruling on Former President, Jacob Zuma. In a statement the Commission has reiterated that Zuma’s face will remain on the ballot however, his name will be removed from the list of candidates nominated by MK Party. #sabcnews pic.twitter.com/BV5MdKMmsI
— Natasha Nokuthula Phiri (@NatashaN_Phiri) May 20, 2024
2024 Elections | Zuma not eligible to stand for 29 May polls
