THE Electoral Commission (IEC) is taking former president Jacob Zuma to the Constitutional Court.
The IEC petitioned the apex court to appeal the Electoral Court judgment that found the commission was wrong to prevent Zuma from being on the ballot.
The IEC confirmed this in a statement on Friday, 12 April.
“The commission confirms that it has lodged an urgent and direct appeal to the Constitutional Court relating to the order of the Electoral Court setting aside its decision following the appeal by the MK party,” said IEC spokeswoman Kate Bapela.
She said the commission believed there was 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.
Bapela said such clarity is important in the present matter because of the current issue and for future elections.
“It's 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,” she said.
Zuma had appealed the IEC’s decision because it misinterpreted Section 47 and thought it had powers to determine who goes to Parliament, which it did not.
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The Joburg High Court ruled on Tuesday, 9 April, in favour of the MK leader and found that the commission had no powers to determine his candidacy for the National Assembly.
Justice Dumisani Zondi ruled: "The application for leave to appeal is granted. The appeal succeeds.”
He further stated that the decision by the IEC on 28 March to uphold Dr Maroba Matsapola's objection to Zuma being on the parliamentary list was set aside.
Zondi instructed the IEC to substitute its decision with the following: "The objection is hereby dismissed."
The court orders instructed the election body to reinstate the former statesman on the ballot paper and dismiss the objection brought against him.
Addressing his supporters outside the Joburg High Court on Thursday, 11 April, following he appeared for his private prosecution matter against President Cyril Ramaphosa, Zuma said the IEC meddled in politics and tried to sideline him by removing his name from the ballot.
“Even before the election date, those who govern election processes took a decision to exclude me from the ballot, and said it was because I'm a convict. But a person, who stole money and hid it in the matrasses, the IEC is mum about him. I've never stolen anything. Why does the IEC involve itself with (sic) politics? Their job is to count votes and teach us about voting,” he told cheering uMkhonto Wesizwe party supporters.
Bapela said the commission’s appeal was not intended to involve itself in the political field of play but ensure free and fair elections and guarantee that applicable constitutional provisions relating to elections are understood by all roleplayers and applied evenly.
“We, therefore, wish for the matter to be determined before the date of the election," she said.
