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Jacob Zuma barred from contesting elections, IEC says it's not 'personal'

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Zuma will be barred from contesting for a seat in Parliament because of his criminal record. (Fani Mahuntsi/Gallo Images)
Zuma will be barred from contesting for a seat in Parliament because of his criminal record. (Fani Mahuntsi/Gallo Images)
  • The IEC upheld an objection against Jacob Zuma contesting the elections.
  • Zuma was first on the MK Party's list of candidates.
  • The IEC said it was because Zuma had a criminal record.

The Electoral Commission of South Africa (IEC) upheld an objection against former president Jacob Zuma's candidature in the upcoming elections.

It means Zuma will be barred from contesting for a seat in Parliament because of his criminal record. 

IEC chairperson Mosotho Moepya said Zuma's uMkhonto weSizwe (MK) Party had been informed that Zuma could not contest for a seat in Parliament. 

He was among eight candidates who had been objected against.

"In the case of former president Zuma, yes, we did receive an objection, which has been upheld," Moepya told the media on Thursday.

According to Section 47 of the Constitution, no person convicted for more than 12 months, without the option of a fine, is allowed to hold public office. 

Zuma was sentenced to 15 months in prison for contempt of court in 2021. 

The MK Party has previously threatened violence, if Zuma was barred from contesting the elections. 

Zuma was punted as the MK Party's presidential candidate after he endorsed the new party in December.

Zuma has since actively campaigned against the ANC, which he led for a decade.  

READ | Zuma's MK Party wins first round against the ANC in Electoral Court

"We were unanimous. These are not matters we deal with that are personal. It is a provision of the law against which we must measure an objection and it's straightforward. It is whether the person qualifies or does not qualify," Moepya said.

However, it does not mean that the MK Party has been disqualified from contesting the elections. 

"The party is not disqualified. It's just a candidate in a particular party. All parties and candidates that may be aggrieved about the decisions that the commission has taken today are required or have an opportunity to approach the Electoral Court. They have until 2 April - and, once the court has received those, it will consider the matters and make its decision known," Moepya said. 

The Electoral Court is expected to then make a decision by 9 April.

"The effect of the objections brought against the former president has been dealt with. What we have done is to exercise the provisions of the law without fear, favour and without prejudice. Anyone who has been removed from the list, we will have reasons why we have done so.

"We would have relied on the provisions of the Act or the Constitution, and we accept that we have a fundamental responsibility in exercising that role very carefully," Moepya said. 

The commission will now focus its energy on finalising the list of nominated candidates. 

"What we are dealing with is finalising the list of candidates. We are not dealing with replacements. This is a confirmation of persons who qualified and persons who don't qualify. In the event that persons qualify, they stay on the list. In the event that such persons don't qualify, they are removed and they will not return on the list," he added.

The IEC's Janet Love reiterated the commission's concern: "We are very concerned. We have been engaging, and we do believe that it is important for all role-players in our country to recognise that the elections are a collective responsibility and a code of conduct is there to ensure that that kind of collective responsibility is owned by all, in particular those political organisations that intend to contest."

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