The South African electoral commission confirmed on Friday (Apr. 12) that it has urgently appealed directly to the Constitutional Court following a decision that reinstated Jacob Zuma as a candidate in the upcoming May 29th elections. The Electoral Court overturned the electoral commission’s initial ruling on Tuesday (Apr. 9), leading to a dispute over the interpretation of section 47 of the constitution.
Section 47(e) states that anyone convicted of an offense and sentenced to more than 12 months imprisonment without the option of a fine, either within or outside the Republic, is disqualified from candidacy. However, this disqualification ends five years after the completion of the sentence. Zuma, aged 81, was convicted and sentenced to 15 months in prison in 2021. Despite spending two months in prison, he later benefitted from a sentence remission aimed at alleviating prison overcrowding.
The Electoral Commission stressed the importance of clarifying the proper interpretation of the law and its relationship with the Commission’s authority to adjudicate objections to candidates, citing substantial public interest in ensuring certainty before the elections. They emphasized their non-involvement in politics but rather their commitment to facilitating free and fair elections. Their aim is for the matter to be resolved before the election date.
With 27 million registered voters in South Africa, the electoral process involves voting for a party, which then earns seats in the 400-seat Parliament based on their share of the vote. Subsequently, lawmakers elect the president.
