Legal expert, Zola Majavu, says the May 29 election date will not change despite the ongoing legal battlefield that the IEC finds itself in.
He says time is of the essence as South Africans prepare to head to one of the most hotly contested polls in a few weeks.
The IEC has lodged an urgent and direct appeal to the Constitutional Court seeking clarity on the interpretation of the ruling on Jacob Zuma’s candidacy.
Earlier this week, the Electoral court set aside the IEC’s decision to disqualify the former president from contesting the upcoming polls due to his conviction.
The IEC had revealed that it will be approaching the Electoral Court to seek reasons for the judgement, before heading to the highest court in the land.
The commission says it believes “there is substantial public interest in providing certainty on the proper interpretation of section 47(1)(e) of the Constitution, which prohibits anyone convicted and sentenced for a year or more from contesting.”
“Such clarity is important in the present because of a live issue, but also for future elections.”
The electoral body has also emphasised that this appeal is not intended to involve itself in the political field of play.
This comes a day after Zuma accused the commission of political meddling.
He says they have no business on who appears on the ballot paper and who is to be the president of the country.
Advocate Majavu says while many may feel that the IEC is becoming partisan, there is nothing wrong with what is unfolding in the country’s courts.
He says the IEC had no other place to go, but the Constitutional Court.
“It is just unfortunate that the ConCourt’s decision is the one that brought about this dilemma.”
Majavu has dispelled assertions that the IEC could be jumping the gun by approaching the Apex Court.
“This is not only about President Zuma, but there may well be implications moving forward, so as the electoral body, they may be advised to get clarity once and for all. Depending on the clarity they get, they may have to revisit their internal protocols to avoid recurrence of this matter, or they may be vindicated, then at least there is judicial certainty.”
The IEC says it wishes for the matter to be determined before the May 29 polls.
Meanwhile, the MK Party has called for IEC commissioner, Janet Love, to resign.
They are accusing her of being a loyal serving member of the ANC and a close confidante of President Ramaphosa.
The party’s spokesperson, Nhlamulo Ndhlela, says Love cannot be trusted to oversee nor be involved in these elections.
He has accused Love of allegedly prematurely declaring in January that Zuma will not be allowed to contest the upcoming polls.
“This pronouncement was not only premature and unwarranted but also in direct violation of the established IEC rules which stipulate that such declarations can only be made following an official objection.”
