South Africa’s top court ruled on Monday that former president and opposition figure Jacob Zuma is ineligible to stand for parliament in the upcoming general election.
The court dismissed Zuma’s complaint against an electoral commission decision that his previous conviction for contempt disqualifies him from becoming an MP.
The constitution bars anyone sentenced to more than 12 months in jail from parliamentary eligibility. Zuma, who left office in 2018 amidst corruption allegations, was sentenced to 15 months in 2021 for contempt of court but served less than three months. The court deemed this remission irrelevant.
Justice Leona Theron stated, “This court concludes that Mr. Zuma was convicted of an offence and sentenced to more than 12 months imprisonment… and is accordingly not eligible to be a member of and not qualified to stand for election to the national assembly.”
Following a general election in South Africa, the president is chosen by MPs from among their own ranks. Therefore, if Zuma is not on the ballot, he cannot become president, even if his newly-formed party gains sufficient seats to propose him.
Supporters gathered outside the court, many in military fatigues often worn by members of his uMkhonto we Sizwe (MK) party, are determined to secure enough seats—two-thirds of the National Assembly—to change the constitution. However, opinion polls indicate that the party is unlikely to perform well outside of Zuma’s home province of KwaZulu-Natal.
On Saturday, Zuma attracted a crowd of 30,000 in Soweto but spoke only in Zulu, addressing his core support base. MK party member Lindiwe Mtshali expressed disappointment, alleging an agenda to delay black liberation in South Africa but remained hopeful that the remaining MK candidates would perform well on May 29.
Since leaving office, Zuma has faced numerous legal battles. He founded the MK party to challenge the ruling African National Congress (ANC) in the upcoming election, the first since 1994 that might see the ANC fall short of an absolute majority. Zuma served as ANC president from 2009 to 2018, a period associated with significant corruption.
Neeshan Balton, executive director of the Ahmed Kathrada Foundation, welcomed the ruling, stating it reaffirms the requirement for candidates to uphold the constitution. “The former president was not going to uphold the constitution, and we are happy that he’s disqualified,” he said.
If Zuma’s campaign reduces the ANC’s traditional support, President Cyril Ramaphosa may need to form a coalition with smaller opposition parties to ensure re-election. The decision to exclude Zuma from the ballot may also trigger unrest, reminiscent of the deadly riots following his 2021 imprisonment.
The Independent Electoral Commission confirmed that ballot papers have already been printed with Zuma’s image, but he would be unable to serve as an MP if ineligible.
The ANC, a leading force against apartheid, has struggled with corruption allegations and high crime and unemployment rates. Despite these challenges, the party remains a powerful electoral force and has established a broad social welfare system, retaining the loyalty of many older South Africans.
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