Johannesburg – The Ahmed Kathrada Foundation (AKF) has been admitted as a friend of the court in the matter between the Electoral Commission of South Africa (IEC) and uMkhonto weSizwe (MK) party scheduled to be heard on Friday, (10 May 2024).
“It is imperative that the Constitutional Court provide clarity on the issues that are being placed before the Court by the IEC in its appeal application,” the AKF said Tuesday.
The two bases on which the Electoral Court decided for the MKP and against the Electoral Commission were:
- a) that the s47(1)(e) disqualification is only operative if the person sentenced has had the opportunity of an appeal and as this was not the case for former President Zuma he is not subject to this disqualification; and
- b) that the effect of the remission of sentence he received from President Ramaphosa is to reduce his sentence to one outside the ambit of s47(1)(e) (applicable to persons sentenced to more than 12 months). Both findings rely on the Electoral Court’s interpretation of the Constitution.
“For purposes of certainty and clarity relating to our Constitution, it is essential that these interpretations be placed before the Constitutional Court so that they might be upheld or rejected,” the AKF said.
The AKF said it strongly disagrees with the interpretation given to s47(1)(e) regarding the availability of an appeal.
“It seems clear that the section is intended to disqualify those whose conduct merits such censure that they cannot be considered suitable public representatives,” the foundation said.
“Zuma’s utterly unambiguous contempt for the Zondo Commission and the Constitutional Court must place him in that category.
“The specificities of the offence of contempt of court when perpetrated against the highest court in the land mean that an appeal is not available.”
The AKF said it also disagrees with the finding that the effect of remission is to reduce the sentence for the purposes of s47(1)(e).
“That finding has significant separation of powers implications and is an interpretation which we believe the Constitutional Court must also provide clarity on,” the AKF said.
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