The Electoral Court has provided the reasons for the dismissal of the objection to former President, Jacob Zuma featuring on the uMkhonto weSizwe Party (MK) candidate list.
The Independent Electoral Commission (IEC) has, meanwhile, lodged an urgent and direct application to the Constitutional Court seeking clarity on the correct interpretation of Section 47(1)(e) of the Constitution.
In the judgment, the Electoral Court says Zuma was not afforded an opportunity to appeal the contempt of court sentence handed down by the Constitutional Court.
Justice Dumisani Zondi found that the sentence imposed on Zuma cannot be said to be a sentence which Section 47(1)(e) contemplates.
The Section prescribes that every citizen, qualified to vote for the National Assembly is eligible to be a member of the Assembly except anyone convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine.
It adds that no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired.
