Umkhonto Wesizwe Political Party and Another v Electoral Commission of South Africa and Others

Jacob Gedleyihlekisa Zuma, former President of South Africa, was nominated by the Umkhonto Wesizwe Political Party (MK Party) as a candidate for the 2024 National Assembly elections. Zuma had previously been convicted by the Constitutional Court of contempt of court and sentenced to 15 months’ imprisonment without the option of a fine. After serving a portion of the sentence, he benefited from a presidential special remission under s 84(2)(j) of the Constitution and was released in August 2023. Objections were lodged with the Electoral Commission in terms of s 30 of the Electoral Act 73 of 1998, arguing that Zuma was disqualified under s 47(1)(e) of the Constitution because five years had not elapsed since completion of his sentence. The Electoral Commission upheld the objection. The MK Party and Zuma appealed to the Electoral Court.

The appeal succeeded. The Electoral Commission’s decision of 28 March 2024 upholding the objection to Zuma’s candidacy was set aside and substituted with an order dismissing the objection. No order as to costs was made.

This case clarifies the scope of the Electoral Commission’s powers to assess constitutional eligibility of candidates before elections and provides authoritative guidance on the effect of presidential remission of sentence under s 84(2)(j) on disqualification in terms of s 47(1)(e) of the Constitution. It has major implications for electoral administration, political rights, and the interpretation of criminal sentences in constitutional disqualification contexts.