THE Independent Electoral Commission (IEC) has not decided whether or not to appeal the Electoral Court judgment.
Commission spokeswoman Kate Bapela confirmed in a statement that the IEC received two orders from the court on Tuesday, 9 April.
The court orders instruct the election body to reinstate former president Jacob Zuma on the ballot papers and to dismiss the objection that was brought against him.
Bapela said: “We have taken note of the contents of both orders. Furthermore, we have noted that the orders were issued without reasoned judgment.
“In order to understand the basis of the conclusions reached in both matters, it's important that reasons are provided.”
She said the IEC will accordingly request the court to hand down reasons for the orders made.
The court sitting in the Joburg High Court ruled on Tuesday, 9 April, that the commission had no powers to determine Zuma’s candidacy to the National Assembly.
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Zuma, who now leads the uMkhonto Wesizwe (MK) party, had approached the court after his name was removed from the ballot paper because there was an objection against him.
The MK leader is number one on the party list.
"The application for leave to appeal is granted. The appeal succeeds," said Justice Dumisani Zondi.
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."
Bapela said: “Naturally the commission is taking legal advice on both matters and will chart a way forward based on such advice as well as reasoned judgments that it may receive, hopefully, in the not-too-distant future.”
The IEC based its decision to omit Zuma on section 47 of the Constitution, which states that no person convicted for more than 12 months without the option of a fine, is allowed to hold public office.
In 2021, Zuma was sentenced to 15 months without an option of a fine for ignoring a court order to testify at an inquiry into corruption during his tenure.
Two years later, he was among 9 488 prisoners serving sentences less than two years for non-violent crimes who were granted remission by President Cyril Ramaphosa to cut short their sentences.
