DA formally objects to ANC's nomination of Winnie Madikizela-Mandela
The Democratic Alliance (DA) has today written to both the Independent Electoral Commission (IEC) and the ANC, in terms of section 30 (1) of the Electoral Act 73 of 1998, objecting to Winnie Madikizela-Mandela's nomination as candidate to the National Assembly.
Section 47 1(e) of the Constitution states that ‘anyone... who is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic...' is ineligible to be a Member of Parliament. According to the Constitution, ‘A disqualification under this paragraph ends five years after the sentence has been completed.'
In July 2004 Ms. Madikizela-Mandela was given a five-year sentence for fraud and theft (reduced on appeal to three and a half years) for 43 convictions of fraud. The sentence was suspended for five years. This means that her suspended sentence will only lapse in July this year by which time she would presumably have already been elected to Parliament.
The DA therefore objects to Ms. Madikizela-Mandela's nomination on the grounds that her suspended sentence has not yet lapsed and she therefore does not qualify to serve as a Member of Parliament.