Africaupdated 48m ago3 min read
Archive photo · 1 December 2013South Africa’s Constitutional Court Bars Jacob Zuma From Parliament Election Over 2021 Contempt Sentence
3 Western Mainstream2 Asian1 Other1 West AsianPhoto: Stefan Schäfer, Lich, CC BY-SA 3.0 · Cropped for layout
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Constitutional Court rules Zuma ineligible to stand for parliament in upcoming election. Ineligibility tied to 15-month contempt-of-court sentence from 2021.
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Zuma barred from parliament
South Africa’s Constitutional Court ruled on Monday that former President Jacob Zuma is not eligible to run for parliament in next week’s general election, disqualifying him because his 15-month jail sentence for contempt of court in 2021 exceeds the constitutional threshold. The court said, "It is declared that Mr Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment … and is accordingly not eligible to be a member of, and not qualified to stand for election to, the National Assembly," and it barred him from standing for five years from when his sentence was completed. Zuma, 82, has been campaigning for the new uMkhonto we Sizwe (MK) party after falling out with the governing African National Congress (ANC), and the ruling capped months of legal wrangling over whether he could stand.
The Constitutional Court’s decision also followed an earlier disqualification by the Electoral Commission of South Africa (IEC) that Zuma had appealed, with the Electoral Court allowing him to remain because it said the contempt ruling did not apply in his situation. The ruling came as South Africa prepares to vote on May 29, with the Constitutional Court’s interpretation of the constitution’s 12-month rule shaping whether Zuma could become a lawmaker.
MK vows to campaign
MK leader Jacob Zuma’s supporters and party figures framed the court decision as not ending his political role, with MK secretary general Sihle Ngubane telling AFP, "Jacob Zuma is still the party leader, Jacob Zuma is on the ballot paper of MK party and people are still going to vote Jacob Zuma in numbers,".
uMkhonto WeSizwe party leader Nhlamulo Ndhlela told CNN that the ruling did not change Zuma’s campaign, saying, "It doesn’t change President Zuma being on the ballot and it doesn’t stop him from leading the party,".
President Cyril Ramaphosa told local radio that he was "not concerned about this instigating violence," and he said, "We have rule of law in South Africa that governs us. Once a Constitutional Court has decided, that is it and should there be any threat of violence our security forces are ready."
The Independent Electoral Commission said ballot papers would not now be reprinted nine days from the vote, and Zuma’s photo would still appear next to the name of his party, uMkhonto Wesizwe, or MK.
The Constitutional Court’s decision also left Zuma’s face on ballots while removing him from the list of candidates nominated to represent the party in the National Assembly, according to the Electoral Commission of South Africa described by The New York Times.
Election stakes and unrest
The court ruling raised fears of unrest in the run-up to the May 29 poll, with AFP reporting that rioting after Zuma’s 2021 imprisonment left more than 350 people dead. Prisoner rights activist and Zuma supporter Golden Miles Bhudu protested outside the court, declaring, "The country is still in shackles," and he added, "This judgement is irrational." Al Jazeera reported that Zuma’s jailing in 2021 triggered deadly riots in KwaZulu-Natal, with more than 300 people killed and a wide spate of looting, and it said the ruling was likely to increase political tension ahead of the pivotal vote.
“Rioting after his 2021 imprisonment left more than 350 people dead.”
Political analyst Sandile Swana said Zuma’s ineligibility was not going to cost MK many votes, arguing that "What matters is that he is still able to campaign for the MK and be the face of it,". The decision also intersected with broader electoral stakes, as opinion polls in the reporting described the ANC’s majority as at risk after 30 years in power and MK as a threat, especially in Zuma’s home province of KwaZulu-Natal (KZN).
