The foundation, which recently called Zuma a “political delinquent”, supports the IEC’s appeal, emphasising the need for the ConCourt to provide clarity on constitutional provisions regarding candidate disqualification.
THE AHMED Kathrada Foundation (AKF) has been admitted as a friend of the court in the matter between the Electoral Commission of South Africa (IEC) and the uMkhonto weSizwe (MK) Party set to be heard this week.
The Constitutional Court is expected to hear the IEC’s challenge on whether former president Jacob Zuma can serve in Parliament or not on Friday, May 10, in Johannesburg.
This will focus on whether Zuma’s jail sentence would hinder his ability to be a member of Parliament.
At first, Zuma was barred from the list of candidates contesting the elections after he was sentenced to jail for 15 months for contempt of court in July 2021.
The foundation, which recently called Zuma a “political delinquent”, supports the IEC’s appeal, emphasising the need for the ConCourt to provide clarity on constitutional provisions regarding candidate disqualification.
This, after the Electoral Court ruled that the Zuma will be on the ballot for MKP.
In a statement, the foundation disagreed with the interpretation given to Section 47(1)(e) regarding the availability of an appeal.
“It seems clear that the section is intended to disqualify those whose conduct merits such censure that they cannot be considered suitable public representatives. Zuma’s utterly unambiguous contempt for the Zondo Commission and the Constitutional Court must place him in that category,” it said.
According to the foundation, the specificities of the offence of contempt of court when perpetrated against the highest court in the land mean that an appeal is not available.
The Kathrada Foundation also disagrees with the finding that the effect of remission is to reduce the sentence for Section 47(1)(e).
“That finding has significant separation of powers implications and is an interpretation which we believe the Constitutional Court must also provide clarity on,” it said.
Zuma recently launched a counter-application to have six ConCourt judges removed when the court hears his case.
He said a minimum of six of the justices are tainted by bias and, accordingly, not fit to sit in the adjudication panel for his case with the IEC.
Chief Justice Raymond Zondo is among the judges, but he has not been part of the line-up to hear the case.
Zuma is now the face and president of the MK Party.
