Former president Jacob Zuma’s face will still be on the ballot for his uMkhonto WeSizwe (MK) Party for the May 29 elections, despite the Constitutional Court ruling he was not eligible to be a member of the National Assembly.
The court ruled that Zuma was effectively disqualified to be an member of Parliament (MP) due to his 15 month prison sentence, which was handed to him by the same court when he refused to appear before then Deputy Chief Justice Raymond Zondo at the State Capture Commission of Inquiry.
The apex court overruled an Electoral Court ruling which found the former president was eligible to run in the elections.
In a unanimous Constitutional Court judgment read out by Justice Leona Theron on Monday, the apex court ruled that the remission of sentence did not have the effect of reducing his custodial sentence, blocking Zuma’s path to the National Assembly due to his 15 months prison sentence from July 2021.
Section 47 (1) (e) of the Constitution, which the IEC argued disqualified Zuma, states:
Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except anyone who is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine... A disqualification under this paragraph ends five years after the sentence has been completed.
This means Zuma could qualify to be a member of the National Assembly after September 2027.
But what does the ConCourt ruling mean?
The Electoral Commission of South Africa (IEC) has completed all preparations for the May 29 elections. All ballots and election material have been printed and thousands of South Africans abroad voted this past weekend.
The lists to Parliament have been closed and the ballots have been printed and no further changes will be made.
Zuma's face was among the 40 odd faces on the national ballot when thousands of voters abroad cast their votes this past weekend.
This will be no different on May 29 when over 20 million South Africans at home get their chance to vote, Zuma’s face will not be omitted from the ballot.
During a workshop with media practitioners almost two weeks ago, the IEC's Deputy Chief Electoral Officer (CEO) Masego Sheburi explained that Zuma would be on the ballot no matter which way the ConCourt ruled.
Now that the ConCourt has ruled Zuma cannot run, this means he will be disqualified from the MK Party’s list of candidates for the National Assembly.
“The commission is obligated to ensure that parties must meet certain requirements, register with the IEC, pay deposits and submit their lists,” said Sheburi at the time, explaining why they were appealing the Electoral Court ruling in the ConCourt.
He said the IEC was obligated to ensure that “every candidate must qualify for the National Assembly”.
“The fact that the commission is appealing, it is not because of the personality involvements but because it understands that the decision of the Electoral Court has implications of constitutional matters that implicate the role and obligations of the commission,” he said.
Meanwhile, political analyst Tessa Dooms, said she believed the ConCourt ruling could be seen as a mobilizing tool by the MK Party.
“I don't think the Concourt judgment harms the MK Party's electoral chances. If anything, it will give the party a lot of political milage in the last week to the elections. This may be their "October surprise" moment that builds momentum.
“Zuma's face remains on the ballot.
“The MK Party is the party of Jacob Zuma regardless of whether he is a candidate. But it's voters are not only motivated to vote for Zuma, but against the "ANC of Ramaphosa".
“I predict a doubling down on messaging to reject ‘the ANC of Ramaphosa’ as a protest vote,” she shared on X.
I don't think the Concourt judgment harms the MK Party's electoral chances. If anything, it will give the party a lot of political milage in the last week to the elections.
— Tessa Dooms (@Tessa_Dooms) May 20, 2024
This may be their "October surprise" moment that builds momentum.
Zuma's face remains on the ballot.
Zuma’s daughter, Duduzile Zuma-Sambudla, took to social media to say their objective was to have Zuma on the ballot and they had achieved that.
“Commanders…This Was Our Biggest Battle!!! President Zuma Is On The Ballot Paper… High Discipline. High Morale,” she tweeted.
Commanders…This Was Our Biggest Battle!!!
— Dudu Zuma-Sambudla (@DZumaSambudla) May 20, 2024
President Zuma Is On The Ballot Paper…
High Discipline. High Morale.#VoteMK2024 pic.twitter.com/vUWXSrfITZ
IOL