Electoral Commission on complying with Constitutional Court judgment on qualification of candidates

20 May 2024

The Electoral Commission notes the judgment by the Constitutional Court, clarifying the role of the Commission in qualifying candidates nominated to stand for election to the National Assembly.

The Electoral Commission had approached the Constitutional Court to seek clarity on whether it had powers to enforce section 47(1) of the Constitution. The section is about persons who are eligible to be members of the National Assembly.

Now that the matter has been settled by the highest Court and given that the constitutional uncertainties have been clarified, the Commission can continue with final preparations for free and fair 2024 National and Provincial Elections (NPE) single-mindedly, without apprehension that the elections are susceptible to challenge.

To avoid confusion, the Commission reiterates that the judgment will not affect the ballot papers for the 2024 NPE in any way. The photograph of Mr Jacob Zuma will remain in the cluster of identifiers of uMkhonto Wesizwe (MK) Party. The name of Mr Jacob Zuma will, however, be removed from the list of candidates nominated by MK Party.

Issued by Kate Bapela on behalf of IEC, 20 May 2024