While not unusual, the Constitutional Court (Concourt) wanting to hear the Electoral Commission’s (IEC) case against former president Jacob Zuma, without the full reasons from the Electoral Court for its ruling, could see both parties argue they were being placed in a difficult situation, a legal expert has said.
Mpumelelo Zikalala said it is not a prerequisite that the reasons be provided, but without them, both parties would not understand how the Electoral Court arrived at its decision.
The Concourt this week issued directives to the uMkhonto weSizwe Party (MKP) and former president Jacob Zuma to file their opposing papers by Thursday in the appeal matter brought by the IEC.
The IEC wants to appeal against the Electoral Court judgment that found Zuma can remain on the newly formed MKP’s candidates list ahead of the May 29 polls.
The IEC had initially upheld an objection that Zuma was not eligible to stand as a candidate after he was convicted and sentenced to jail for defying a court order.
The law does not allow anyone sentenced to more than 12 months in prison to be a candidate in the elections. But the MKP appealed against the IEC’s decision at the Electoral Court, which ruled in the MKP’s favour. However, the Electoral Court has only handed down its order and not the full reasons for its decision. The IEC has approached the Concourt to seek clarity on the interpretation of the law.
The apex court this week issued directives: “... respondents opposing the application must file answering affidavits on or before Thursday, April 25 ... ”Zikalala said the IEC continuing to argue the matter without the reasons being provided by the Electoral Court, is one of the points that Zuma can raise.
“If they are going to work on a presumptuous basis to say all the points stated by the applicants are indeed correct, maybe on that basis the court will say despite the technical defects it wants to consider the matter.
“It could look at it from the perspective of making sure it disposes of this matter before the elections so that no party is going to cry foul as to the manner in which our courts handled the dispute.
“If you want to take away the rights of an individual, regardless of who it is, you have to be absolutely sure that what you are doing is correct,” Zikalala said.
After the Electoral Court ruled in its favour, the MKP said the IEC’s initial early “pronouncement was not only premature, but also in direct violation of established rules which stipulate such declarations can only be made following an official objection”.
Party spokesperson, Nhlamulo Ndhlela, said: “This is very important for the people of uMkhonto weSizwe, down to the citizens who want to see change ... We will continue to win.”
The Mercury