The Constitution states that a candidate cannot be elected to Parliament if convicted of an offence. The disqualification only ends five years after the sentence has been completed.
Former president Jacob Zuma is likely to be disqualified from becoming an MP, while government has sent a stern warning over threats of violence ahead of the upcoming general elections.
Some members of the uMkhonto weSizwe (MK) party have threatened violence to disrupt this year’s elections if Zuma or the party were barred from contesting the polls.
Zuma, who was convicted to 15 months in prison for contempt of court in July 2021 and later received a remission of sentence, was announced as MK party’s presidential candidate this week.
At the same time, the MK party and the African National Congress (ANC) are embroiled in a legal battle over a trademark dispute.
Zuma allowed to stand for office?
Speaking to the media at a National Press Club session on Thursday, Electoral Commission of South Africa (IEC) chief electoral officer (CEO) Sy Mamabolo said the commission was bound by the law and the Constitution in terms of who was eligible to run for political office.
This is in line with Section 47(1)(e) of the Constitution, which states that a candidate is eligible to be a member in the National Assembly except if they were convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine.
The disqualification only ends five years after the sentence has been completed.
“Section 47 of the Constitution deals with a membership of a legislative body, not qualification to stand for office, which means notionally that you can be a competent candidate, but not be competent to assume office,” he said.
“But those are matters that the commission will apply themselves to,” Mamabolo continued.
The IEC will publish the list of candidates’ nomination on 26 and 27 March. The public can raise any objections on the list.
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Mamabolo also spoke on the threats made by electoral contestants.
“The first point to raise in that regard, those contestants need to be aware that the electoral code of conduct now takes effect and should there be repeat offences, it will leave the commission with no choice but to pursue enforcement procedures in the Electoral Court.
“The second point is that leaders of political parties must exercise mature leadership and realise that there is a certain standard of leadership expected on the part of all role players in a constitutional and democratic state,” the IEC official said.
Mamabolo added that the commission will hold free and fair elections without fear.
“The commission is not intimidated in any way and the commission assures all South Africans that it will discharge its constitutional duty without any apprehension occasioned by threats that have become a common place in the political space.”
No July 2021 unrest repeat
Meanwhile, Minister in the Presidency Khumbudzo Ntshavheni warned against the repeat of the July 2021 unrest.
Ntshavheni addressed the media on the outcomes of Wednesday’s Cabinet meeting.
The minister, however, indicated that MK party’s utterances were not discussed by Cabinet.
“There was no discussion in Cabinet but law enforcement agencies must do their work to apprehend those who intimidate South Africans as instructed by the president. There is nobody who is going to intimidate South Africans. There will be free and fair elections in this country; we will protect that with all we have.”
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She called on law enforcement agencies to apprehend those threatening violence should the elections not turn out if their favour.
“Anybody who threatens violence when we’ve got dispute-resolution mechanisms for either elections or any type of dispute does not deserve to live among South Africans.
“In addition, law enforcement officers and agencies must make sure [such people] are brought to justice because there will not be mayhem. There will not be a repeat of the July 2021 unrest in this country when our law enforcement agencies are at work,” Ntshavheni said.
Watch the briefing below:
MK party threats
MK youth league leader Bonginkosi Khanyile affirmed that there will be no elections if the party was removed from the ballot.
“If they remove MK and remove president Zuma as the face of the campaign, there won’t be elections in South Africa. Let me repeat, so that when we are arrested, they can use this video as evidence in court. We mean what we say,” he said.
Khanyile said President Cyril Ramaphosa had no capacity of stopping the party.
“You failed to stop the July unrest and you think you can stop the MK?”
The July unrest resulted in more than 350 people losing their lives and costing R50 billion in damages.
The acts of protest, violence and looting spread across the KwaZulu-Natal (KZN) and Gauteng provinces, a day after Zuma’s imprisonment.
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