WITH the law barring former president Jacob Zuma from being the uMkhonto weSizwe (MK) Party’s face on the coming elections’ ballot paper, attention now shifts to whether his proposed candidature will get more objections.
The Electoral Commission of SA (IEC) will open the list of candidates for the May 29 national and provincial polls for inspection across the country on Tuesday and Wednesday, by when all objections must be submitted.
According to the IEC, any person, candidate or political party aggrieved by its decision relating to an objection will have until April 2 to appeal to the Electoral Court.
Then the commission will compile a list of parties and candidates eligible to contest the elections on April 10.
The IEC has indicated that Zuma is not eligible to stand as a candidate for the elections, either for a political party or as an independent, due to his conviction in 2021 for contempt of court, when he was sentenced to 15-months imprisonment.
In terms of the Constitution, every South African can be a candidate except for anyone convicted of an offence and sentenced to more than 12-months imprisonment without the option of a fine, a disqualification that only ends five years after the sentence has been completed.
Zuma only completed his 15-month jail sentence in October 2022, which means the prohibition will end in 2029, when he will be 85.
However, this did not stop the MK Party’s Youth League leader, Bonginkosi Khanyile, from announcing Zuma as its presidential candidate, and the former head of state tops its national list of candidates submitted to the IEC.
North West University-based political analyst Professor André Duvenhage said the fundamental problem facing the party is that it is mobilising support around Zuma’s strongman image.
”We know in legal terms it is not possible for Mr. Zuma to be part of any legislative framework according to the criteria. But it doesn’t disallow him to be the figurehead of the party [and] put someone else as the leader. And I think if forced by the IEC not to be a candidate, he will still function as a figurehead, but I believe there will be conflict if he is going to be excluded,” he said.
Duvenhage added that the IEC did not have another choice but to leave Zuma out of the list if they are consistent.
”But then again, I don’t think his face is disqualified from being associated with the party, although not taking up the official leadership position. I think this will go hand in hand with organisation and mobilisation of support, the injustices against Jacob Zuma,” he explained.
Duvenhage continued: “It’s going to be a difficult one, but legally the answer is clear, [but] politically it’s a lot more difficult.”
Another political analyst Dr Levy Ndou said all societies were governed by rules and regulations, and candidates and voters have to follow rules.
”A criminal record is a no-no. There are issues that are non-negotiable,” he said.
Ndou said there was a constant attempt to test the country’s institutions and break the rules, but law enforcement should come to the party.
”We need to follow the rules in whatever we do, and politicians should be at the forefront to ensure that these rules are enforced,” he explained.
According to Ndou, a former president cannot defy the Constitution, as to occupy the office meant the person is a patriot.
”We don’t even write the rules because you don’t expect a former president to break them,” he added.