The Constitutional Court of South Africa has ruled that Jacob Zuma is ineligible to stand for election to the National Assembly, marking a significant moment in the country's political and judicial history. File Picture: Independent Newspapers
May 20, 2024, will be remembered as a landmark date in South African history, both politically and judicially.
The Constitutional Court ruled that "Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment for purposes of section 47(1)(e) of the Constitution and is accordingly not eligible to be a member of, and not qualified to stand for election to, the National Assembly until five years have elapsed since the completion of his sentence."
The court ordered that "the order of the Electoral Court is set aside."
This judgment carries different implications for various parties.
For the applicant, the Independent Electoral Commission (IEC), the judgment vindicates its decision to bar Zuma from Parliament, asserting that it was in accordance with the law, despite the decision potentially being premature.
For the first and second respondents, Umkhonto Wesizwe Party and Zuma, the judgment means they can no longer send Zuma to Parliament, assuming he was willing to go.
They must now find a replacement.
For the amici curiae supporting the IEC (COSAC, Corruption Watch, and Ahmed Kathrada Foundation), the judgment confirms their argument that the Electoral Court erred in ruling in favour of Zuma.
For the Black Lawyers Association, the judgment, particularly regarding the recusal application of the six judges involved in an earlier related case, is disappointing. They believed these judges could not remain objective on the appeal.
The judgment also holds significance for MK members, particularly those who envisioned Zuma assuming the presidency if their party won.
They would understandably be disappointed.
This judgment resonates with the public as well. Some will interpret it emotionally, while others will assess it on its merits and draw objective conclusions. However, none can alter the court’s decision.
From a broader perspective, this judgment reflects the maturity of our democracy and the respect for the separation of powers within our justice system.
The Electoral Court issued an order using its constitutional powers.
When the matter was appealed to the apex court, the latter demonstrated its superior authority, ruling that Zuma is not eligible to join the National Assembly.
This judgment prompts critical questions.
One is whether the IEC needed to "appeal" the Electoral Court’s judgment or could have sought clarity from the Constitutional Court without a court hearing.
Another question concerns the timing of this judgment.
How will the public and MKP interpret it?
Will it be seen as a distraction or source of confusion for voters who hold Zuma in high esteem?
If such insinuations arise, how will they impact the image of the Constitutional Court and the country's jurisprudence?
It is crucial to educate readers on the correct interpretation of this judgment.
Firstly, emotions should be set aside, and the ruling should be interpreted carefully.
This ruling does not disadvantage the MKP regarding the elections.
Voting is already underway, with South Africans living abroad having already voted.
The ballot paper will not change; the MKP remains on it, and Zuma remains the face of the party.
Additionally, those aggrieved by this judgment but not necessarily MKP members might give the MKP their sympathy votes, potentially bolstering the party's performance.
Importantly, this judgment teaches that hasty, emotion-driven decisions are wrong.
The current constitutional conundrum arose from two such decisions.
Justice Zondo approached the Constitutional Court, requesting a two-year sentence for Zuma if found guilty of refusing to appear before him for the second time. Prescribing a sentence was wrong.
Justice Khampepe delivered an emotional judgment sentencing Zuma to fifteen months.
These decisions have led us to the current situation.
*** Professor Bheki Mngomezulu is the Director of the Centre for the Advancement of Non-Racialism and Democracy at the Nelson Mandela University.
*** The views expressed here do not necessarily represent the view of IOL or Independent Media
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