South Africa’s highest court ruled on Monday that Jacob Zuma, the controversial former President now turned opposition figure, cannot run for parliament in the upcoming general election due to his prior conviction for contempt of court.
The decision, coming just days before the May 29th poll, is expected to anger Zuma’s supporters and raises concerns about potential unrest in the lead-up to the highly competitive election, the most fiercely contested since the end of apartheid in 1994.
Zuma had challenged the Electoral Commission’s decision barring him from running for a seat in parliament due to his conviction and subsequent imprisonment in 2021. Despite serving less than three months of his 15-month sentence, the court ruled that his conviction rendered him ineligible to stand for election, citing the constitutional provision disqualifying anyone sentenced to more than 12 months in prison.
Justice Leona Theron, delivering the judgment, stated, “This court concludes that Mr. Zuma was convicted of an offense 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.”
Zuma’s absence from the ballot could significantly impact the dynamics of the election. In South Africa, the president is chosen by members of parliament, and without Zuma’s candidacy, his new political party would be unable to propose him for the presidency even if it secures enough seats.
Despite the setback, Zuma’s supporters, many of whom gathered outside the court wearing military attire associated with his party, remain determined to win sufficient seats in the National Assembly to potentially amend the constitution.
While opinion polls suggest limited support for Zuma’s party beyond his home province of KwaZulu-Natal, his followers express unwavering resolve. Lindiwe Mtshali, a member of Zuma’s party, voiced disappointment but affirmed confidence in the party’s remaining candidates, stating, “We are resolute.”
Zuma’s political ambitions have led to significant legal battles since his departure from office. He established his party to challenge the ruling African National Congress (ANC) in the election, marking the first serious challenge to the ANC’s dominance since 1994.
Neeshan Balton of the Ahmed Kathrada Foundation, which provided legal advice in the case, welcomed the ruling outside the court, emphasizing the importance of upholding the constitution for all candidates.
The exclusion of Zuma from the ballot could reshape the political landscape and force potential coalition negotiations. Furthermore, there are concerns that the decision may provoke unrest akin to the violent protests following his imprisonment last year, which claimed hundreds of lives.
Despite Zuma’s image already printed on ballot papers, his disqualification renders him ineligible for parliamentary membership if the court’s ruling stands.
