Sameera Casmod | sameerac@radioislam.co.za
16 April 2024 12:13 p.m. SAST
2-minute read

Picture: Daily Maverick

The Independent Electoral Commission(IEC) announced its decision to appeal the Electoral Court’s ruling that affirms Zuma’s eligibility to run for Parliament in the upcoming elections.

Despite a recent victory for Zuma and his MK party in the Electoral Court, the IEC remains resolute, taking the case to the Constitutional Court.

Lawson Naidoo from the Council for the Advancement of the South African Constitution explains the reason for the appeal on air at Radio Islam International earlier today.

“Even though the Electoral Court has not provided a full reason for judgment for the order that it handed down last week, when an appeal is lodged, an appeal is lodged against the order, not necessarily the reasons… The position that the Electoral Commission has taken is that on any of the legal arguments that were ventilated before the Electoral Court, there was no basis for that court to reach the decision that it did. And it is for that reason, which impacts directly on the credibility of the election and the role and authority of the Electoral Commission, that this appeal is necessary in order to resolve the correct interpretation of our constitutional provisions,” Naidoo says.

Naidoo addresses criticisms suggesting that the decision of the Electoral Court should be final, asserting that challenges are warranted when fundamental errors are suspected.

He dismisses concerns of conflict of interest regarding the Constitutional Court’s involvement, stating that it is the appropriate venue to interpret its own decisions.

With elections close on the horizon, urgency mounts for a resolution.

“The matter has been prepared on the basis of urgency and for a decision of the constitutional court to be delivered before we go to the polls on the 29th of May. Because whilst the IEC may be compelled due to the time frames and so on to proceed with the printing of the ballot papers, which at this point in time would include Mr Jacob Zuma on the list of candidates of the Electoral Commission, it doesn’t actually affect the ballot paper. Because even if he’s not eligible to be a candidate, there’s nothing to prevent the MK party from using the image of Mr Zuma on the ballot paper,” Naidoo notes.

Naidoo underscores the need for the Constitutional Court to deliver a verdict before the polling day on May 29th to ensure clarity for voters, and emphasises the importance of political parties acting responsibly and respecting due process amid potential political repercussions.

“Political parties in particular need to act in a responsible, measured, and calm way. We know that an election campaign has a tendency to raise the temperature, but parties must not seek to abuse the situation. I think we must respect the right of the Electoral Commission to challenge this decision….And whatever the outcome, we must be prepared, all of us must be prepared to accept it and ensure that at the end of the day that we have credible, free and fair elections next month,” Naidoo notes.

Listen to the full interview on Sabaahul Muslim with Moulana Sulaimaan Ravat here.