Johannesburg – The Electoral Commission (IEC) on Friday confirmed earlier reports that it has lodged an “urgent and direct appeal” to the Constitutional Court relating to the Electoral Court ruling setting aside its decision following the appeal by the uMkhonto weSizwe (MK) party.
The IEC had accepted objections against former President Jacob Zuma, the MK party leader, being on the ballot for the 29 May 2024 general elections because of his conviction on contempt of court that saw him sentenced to 15 months in prison.
However, the MK party successfully appealed the decision at the Electoral Court.
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In a statement on Friday, the IEC said: “The Commission believes there is substantial public interest in providing certainty on the proper interpretation of section 47(1)(e) and its interplay with the powers of the Commission to adjudicate objections to candidates.
“Such clarity is important in the present matter because of a live issue but also for future elections.
“It is furthermore important that such legal clarification is obtained from the highest court in the land, which has constitutional-matter jurisdiction.
“Hence, a direct appeal to the Constitutional Court.”
The Commission said it wishes to emphasise that this appeal was not intended to involve itself in the political field of play, it is rather to ensure free and fair elections by ensuring that applicable constitutional provisions relating to elections were clearly understood by all role-players and applied evenly.
“We therefore wish for the matter to be determined before the date of the election,” the IEC said.
