Why was Jacob Zuma disallowed from contesting elections in South Africa: Explained Premium

People convicted of an offence and sentenced to more than 12 months in prison are ineligible to contest in South Africa presidential election.

The story so far: South Africa’s top court on Monday barred former President Jacob Zuma from contesting in the upcoming elections. Mr. Zuma was forced to quit as the President of South Africa in 2018 after allegations of corruption. He was found guilty of contempt of court in 2021 and handed 15 months in prison, of which he only served two months. He is still on trial for corruption allegations.

Mr. Zuma was a member of the African National Congress (ANC) party when he was the President of South Africa. Following his resignation, Cyril Ramaphosa became the President.

In December 2023, Mr. Zuma announced that he would not be voting for the ANC. He is now the leader of a new party called uMkhonto we Sizwe (MK) (means Spear of the Nation), named after the former paramilitary wing of the ANC. Following this, the ANC suspended his membership. “Former President Jacob Zuma is actively impugning the integrity of the ANC and campaigning to dislodge the ANC from power, while claiming that he has not terminated his membership. This conduct is irreconcilable with the spirit of organisational discipline and letter of the ANC Constitution,” the ANC said in a statement announcing Mr. Zuma’s suspension in January 2024.

However, on March 28, the Electoral Commission of South Africa (IEC) announced that they had received an objection to Mr. Zuma’s candidature, which had been upheld. Although the IEC did not specify a reason, it reiterated the eligibility criteria for candidates to qualify for the presidential election, which, among other things, says that people convicted of an offence and sentenced to more than 12 months in prison are ineligible to contest in the election. Mr. Zuma’s 15-month sentence falls within this stipulated time period.

A court in South Africa overturned the disqualification, allowing Mr. Zuma to run for presidency. The court’s decision was challenged by the IEC, and on May 20, the Constitutional Court ruled in its favour and barred Mr. Zuma from contesting in the election. The Election Commission had approached the Constitutional Court to seek clarity on whether it had powers to enforce section 47(1) of the Constitution, which states that “anyone who...is convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine” is ineligible to contest in elections. The Constitution of South Africa also adds that “a disqualification under this paragraph ends five years after the sentence has been completed.”

Mr. Zuma was jailed on charges of contempt of court for refusing an order to appear before a probe into the charges of corruption that mired his nine-year presidency. Violence erupted in South Africa after the former President was imprisoned in July 2021, killing more than 300 people. The rioting by Mr. Zuma’s supporters first started in KwaZulu-Natal province and spread to other parts of the country, including Gauteng province, which has Johannesburg, South Africa’s largest city.

Mr. Zuma was released on medical parole two months later.