The uMkhonto weSizwe (MK) Party has slammed the move by the Electoral Commission of South Africa (IEC) to appeal a decision of the Electoral Court which paved the way for former president Jacob Zuma to take part in the elections, warning that the decision will trigger a constitutional crisis.
The party has described the decision as “politically motivated”, and has accused the IEC of shifting from an electoral process body to being a player in the political area.
Last week, the Electoral Court struck down a decision by the IEC to uphold an objection against Zuma being on the list of MK to Parliament on account of a criminal conviction.
He was sentenced to 15 months direct imprisonment by the Constitutional Court for contempt of court.
However, the Electoral Court has not provided its reasons for the decision.
The IEC last week announced that it would appeal the decision at the Constitutional Court, adding that it wants the court to clarify the law and the commission’s powers.
IEC spokesperson Kate Bapela said the electoral body was seeking clarity from the apex court, on an urgent basis.
MK Party spokesperson Nhlamulo Ndhlela said the IEC’s decision to appeal will create a constitutional crisis.
“First of all, the Constitutional Court is a part player in this matter and Chief Justice Raymond Zondo who will have to decide (on whether) to allow the matter to be heard on an urgent basis, is a part player in this matter.
“They are going to court to appeal the judgment; what are the grounds of their appeal? They do not even have the judgment that outlines the reasons.
“In doing this, they are creating a constitutional crisis, they need to tread very carefully on this as it could have dire consequences for democracy,” he said.
Ndhlela said it seemed the IEC was desperate to kick Zuma off the ballot. He said before the IEC upheld the decision to challenge Zuma’s presence on the list, they first should have checked whether the section of the law they were using applied.
“They did not do that, they put the cart before the horse.”
Some analysts agreed with the IEC’s decision to appeal the judgment. Siyabonga Ntombela University of KwaZulu-Natal academic and political analyst, said the decision to appeal was inevitable as there had been many loopholes in the process.
He said the apex court “will also clarify this issue as the interpretation of the law has to align with this very important chapter nine institution.”
Another analyst, Daniel Silke, said that if Zuma was removed it could cause unease among his supporters and could cause tensions in KZN.
He said the MK would fight long and hard to make sure that he was validated as a candidate.
“I think there is an issue of stability in KwaZulu-Natal and there is probably more at stake if he is ineligible,” said Silke.
Professor Musa Xulu said the decision to appeal was expected.
“The IEC had to approach the Constitutional Court for clarification and for the final verdict. Constitutionally, Zuma currently does not qualify to be an MP.
“Whatever way the Constitutional Court rules, it will strengthen the country’s growing constitutional democracy. Despite many threats, I don’t think members of the MK Party are capable of staging a war,” he said.
The Mercury