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COURT SAYS ZUMA CAN CONTEST ELECTIONS

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BY MBONO MDLULI

MBABANE – Former South Africa’s President Jacob Zuma can now stand for the May 29 elections in South Africa.

This is according to South Africa’s Electoral Court, which ruled today (April 9, 2024) that Zuma can run for office as a lawmaker in the upcoming election, overturning an earlier decision that had barred him from contesting the polls, according to the AP News.

According to Business Day, this is after the uMkhonto weSizwe (MK) party appealed on Monday against the Independent Electoral Commission’s (IEC) decision to bar Zuma from being one of the party’s candidates to parliament after the general elections on May 29.

Zuma, according to Business Day, backs the MK party and his name appears first on its candidate list but the IEC in March said it had endorsed objections to Zuma’s nomination to stand for Parliament due to his criminal record arising from a 15-month prison sentence imposed by the Constitutional Court in 2021.

Section 47 of the South African Constitution bars individuals sentenced to prison for longer than 12 months without the option of a fine from becoming MPs.

However, Zuma’s legal team, which included Advocate Dali Mpofu argued, on Monday (April 8, 2024) that the IEC lacked the power, jurisdiction and/or authority to implement section 47(1)(e) of the South African Constitution, which dealt with regulating membership of the National Assembly. That power resided with the National Assembly itself, according to Zuma’s legal team, as quoted on the South African media outlet.

Zuma’s legal team argued the former South Africa’s President was neither accused of nor charged with an offence by a criminal court and that he was not afforded “fair criminal rights” in terms of the constitution. Zuma was in the country over the weekend and he had come as His Majesty King Mswati III’s guest to be part of the Army Day, which was commemorated last week Friday. Former Botswana President Lieutenant General Ian Khama was also present at the event.

According to Times of Eswatini, Zuma’s family has a home in Eswatini, after his son, Mxolisi, was allocated a home in Mafutseni, under Chief Ngalonkhulu Mabuza, who was appointed as MP last year by His Majesty King Mswati III. Last weekend, the former President visited Mafutseni to see the land that was allocated to his son. MP Sabelo Mthethwa was last year elected by the Mafutseni Constituency residents to represent them in Parliament.