South Africa: Jacob Zuma declared ineligible by the Constitutional Court and excluded from the elections

The South African Constitutional Court announced on May 20, 2024, that former President Jacob Zuma will be excluded from the upcoming general elections scheduled for May 29, 2024. This decision follows a 2021 conviction that rendered Zuma ineligible for a parliamentary position.

Jacob Zuma, who had planned to run in the general elections to secure a parliamentary seat with his new party, uMkhonto we Sizwe (MK), is now barred from the electoral race. The Constitutional Court, in its highest judicial capacity, ruled that his 2021 conviction and subsequent 15-month prison sentence for contempt of court disqualifies him from candidacy until 2026, in accordance with the Constitution.

Judge Leona Theron, delivering the decision, emphasized that Zuma’s imprisonment for more than 12 months makes him ineligible to sit in the National Assembly or run in the elections. This ruling concludes a series of legal twists after the electoral court initially allowed Zuma’s candidacy despite opposition from the electoral commission.

Although Jacob Zuma was absent from the courtroom, MK’s Secretary-General, Sihle Ngubane, stated afterwards that Zuma remains the party leader despite this decision. Civil society organizations supported the electoral commission in its bid to exclude Zuma from the electoral lists, highlighting the seriousness of contempt of court and the importance of protecting the country’s constitutional institutions. « Contempt of court is a serious crime that should not be rewarded with the possibility of candidacy », asserted Neeshan Balton, director of the Ahmed Kathrada Foundation. « One of the first things one does if elected is to pledge to defend all constitutional bodies of this country ».

This disqualification of Zuma casts uncertainty over the potential political repercussions, as the MK continues to pose a threat to the ruling African National Congress (ANC). Authorities remain vigilant against any potential civil unrest in the country, as reported by law enforcement agencies.

Trésor Obiang