Section 47 continues to cause headaches for the IEC
JOHANNESBURG - In the aftermath of the Electoral Court’s ruling to allow former President Jacob Zuma to stand as an election candidate of Umkhonto WeSizwe MK Party, questions are being raised as to what the main reasons were.
The IEC says it is naturally taking legal advice and will chart a way forward once its legal team has studied court’s reasoned judgments.
It hopes it will receive the reasons in the not-too-distant future. It’s not the first time that a high-profile political figure’s election candidacy has been openly challenged.
In the 2009 election the DA and Freedom Front Plus objected to the inclusion of Mama Winnie Madikizela-Mandela on the ANC’s candidates list.
The IEC dismissed their objection after which Freedom Front Plus went to the Electoral Court, which ruled in favour of the late Mama Winnie.
At the centre of both cases was the application of section 47 of the Constitution, which disqualifies anybody who was sentenced to more than a year in prison without the option of a fine, from holding a seat in Parliament or a provincial legislature, until five years after the sentence has been ”completed”.
So what can the IEC do after it lost its case against Zuma?
Former IEC Commissioner and elections expert, Terry Tselane discussed this with eNCA.