MK Party remains defiant in face of Concourt ruling over Zuma

The uMkhonto weSizwe Party (MKP) has rejected the ‘flawed’ Constitutional Court ruling that former president Jacob Zuma is not eligible to contest elections in a judgment that overturned the Electoral Court’s earlier ruling allowing Zuma to run for Parliament. Picture: Itumeleng English/ Independent Newspapers

The uMkhonto weSizwe Party (MKP) has rejected the ‘flawed’ Constitutional Court ruling that former president Jacob Zuma is not eligible to contest elections in a judgment that overturned the Electoral Court’s earlier ruling allowing Zuma to run for Parliament. Picture: Itumeleng English/ Independent Newspapers

Published May 20, 2024

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The uMkhonto weSizwe Party (MKP) has rejected the ‘flawed’ Constitutional Court ruling which found that former president Jacob Zuma is not eligible to contest elections in a judgment that overturned the Electoral Court’s earlier ruling allowing Zuma to run for Parliament.

The Electoral Commission of SA (IEC) confirmed that Zuma’s picture will still appear on ballot papers for the 2024 national elections.

Reacting to the judgment, party spokesperson Nhlamulo Ndhlela said the party was not surprised by the flawed judgment that was arrived at by six of the 10 conflicted justices of the highest court in the land.

“The MK Party acknowledges the recent judgment handed down by the Constitutional Court, which ruled that president Jacob Zuma is not eligible to stand as a member of the MK Party in the National Assembly. This unsurprising decision, while disappointed, has not disheartened us. Instead, it has re-enforced our conviction that the current system, where just 10 unelected individuals can make lifetime decisions for 62 million people, is fundamentally flawed,” Ndhlela said.

Ndhlela added that the party was committed to doing well at the elections in spite of challenges with the country’s justice system.

“President Zuma continues to lead the MK Party and will appear on the ballot. Furthermore, he will be re-instated into the Union Buildings to lead the country once we secure the two-thirds majority, which is becoming increasingly obvious daily, hence the fear among the enemies of the poor black people,” he said.

Speaking to Independent Media outside the Constitutional Court, MKP secretary-general Sihle Ngubane said the ruling changes nothing as Zuma will be on the ballot come May 29.

“We are disappointed about the judgment. When we leave here, we are going to take direction from president Zuma who will direct us. We going to have a meeting as an executive and president Zuma is going to lead us from now onwards. He is still the leader of the party and is in charge of the MK Party. South Africans must relax as every direction president Zuma will lead us and we will follow him,” he said.

The commission had invited public objections after it released a list of candidates and received an objection against Zuma, following Zuma’s 15-month prison stint at the Estcourt Prison in July 2021.

In its judgment, the Constitutional Court said the Constitution disqualifies anyone convicted and sentenced to more than 12 months’ imprisonment without the option of a fine from holding office.

“A disqualification under Section 47(1)(e) ends five years after the sentence has been completed. In Secretary of the Judicial Commission of Inquiry (contempt of court) found Mr Gedleyhlekisa Zuma, the second respondent and former president of the Republic of South Africa, guilty of the crime of contempt of court and sentenced him to 15 months’ imprisonment without the option of a fine,” reads part of the judgment.

In a statement, the Injeje yabeNguni Council said the ruling has re-enforced its commitment to supporting the MKP in the upcoming elections.

“Injeje yabeNguni Council has noted the Concourt judgment ... AmaKhosi and their constituencies will still be voting for the Umkhonto weSizwe Party, the judgment has reinforced our resolve,“ it said.

The SACP in a statement said it welcomed the ruling, adding that the judgment must be accepted by members of the MKP.

"The Constitutional Court agreed with the IEC that, at this stage, Zuma is not eligible to stand as a candidate for election. Zuma and his supporters must accept the rule of democratic law," the SACP said.

Reacting to the judgement shortly after the ruling of the apex court, Black First Land First leader Andile Mngxitama said it was clear that the Constitutional Court was being used to fight Zuma.

“The extent of how revolutionary one is, is measured by the efforts of the ruling class to sabotage you. They have done everything including using the instruments of class warfare such as the courts. But (the MKP) with president Zuma keep rising. You cannot stop an idea whose time has come,” he said.