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MK Party files papers to appeal Zuma’s exclusion from candidates list

The uMkhonto weSizwe (MK) Party has filed court papers in the Electoral Court to appeal the Independent Electoral Commission’s decision to uphold an objection against the nomination of party leader former President Jacob Zuma for Parliament.

In its court papers, the MK Party says the IEC never furnished it with the reasons for the objection against Zuma because the IEC sent the wrong email address according to a report by the Independent Online.

IEC LACKS POWER AND JURISDICTION – MK PARTY

Tuesday was the final day for Zuma and the party to appeal the decision at the Electoral Court.

“The IEC lacks the power, jurisdiction and/or authority to implement section 47 of the Constitution which deals with regulating membership of the national assembly. That power resides with the national assembly itself,” says the MK Party.

The MK Party says the IEC lacks jurisdiction to decide on who can be on the list of candidates to contest for seats in parliament. It also says that Zuma had done nothing wrong and he had a right to stand as their candidate in the elections.

IEC DISQUALIFIES ZUMA ON THE GROUNDS OF CONVICTION

According to IEC Chairperson, Mosotho Moepya, if a person has been convicted and served more than a year in prison without an option of fine they would not be allowed to stand.

“Anyone who is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired,” said Moepya.

Zuma was sentenced to 15 months imprisonment in 2021 by the Constitutional Court for defying a court order. He served a few months in jail before he was released on medical parole.

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