The Constitutional Court of South Africa unanimously ruled on Monday that former President Jacob Zuma is ineligible to participate in the upcoming general elections scheduled for May 29.
The Supreme Court determined that there is no distinction between a criminal conviction and a civil conviction for contempt of court.
"This court concludes that Mr. Zuma has been found guilty of an offense and sentenced to more than 12 months under the provisions of Article 47(1) of the Constitution, and is therefore not eligible to be a member of the National Assembly and cannot run for elections until five years have passed since the end of his sentence," Judge Leona Theron stated in the ruling.
The Electoral Commission filed an appeal with the Constitutional Court to prevent the former president from running in the elections, due to the 15-month prison sentence he received in 2021 for contempt of court after refusing to participate in the Commission of Inquiry into State Capture.
According to the Constitution, anyone sentenced to more than 12 months without the possibility of a fine is not eligible to serve in Parliament.
The IEC excluded Zuma from the list of candidates nominated by his new party "uMkhonto weSize" (MK) for the May legislative elections. However, the electoral tribunal overturned the Commission's decision, allowing the former president to run for office.
The Commission argues that the electoral tribunal erred in concluding that the presidential pardon eventually granted to Zuma legally reduced his sentence below the 12-month threshold.
With Faapa
