MK PARTY FILED APPEAL AGAINST IEC DECISION ON PRESIDENT ZUMA
3 April 2024
The MK Party has taken decisive action by filing an appeal challenging the recent decision of the Independent Electoral Commission (IEC) to bar President Zuma from being a member of Parliament. This appeal underscores our unwavering commitment to upholding justice, fairness, and the principles of democratic governance.
Through its legal representation, albeit non exhaustive, the MK party appeal contends that the IEC exceeded its authority by implementing section 47(1)(e) of the Constitution, which regulates membership of the National Assembly—since the IEC’s mandate is limited to determining qualification as a candidate, not membership eligibility for the National Assembly. We emphasize the doctrine of non-encroachment, maintaining that the IEC’s role should be confined to determining candidate qualifications, as stipulated by law.
Furthermore, MK Party raises serious concerns about bias influencing the IEC’s decision-making process, highlighting a premature public statement made by Commissioner Janet Love, a long standing member of the ANC who prejudged the issue and compromised the integrity of the entire Commission.
MK Party contend that a reasonable apprehension of bias or conflict of interest is sufficient to invalidate the decision especially noting that Ms Love is part of the loyal members of the ANC who served as an aid and confidante to President Ramaphosa in Parliament as an ANC MP.