The Constitutional Court on Friday dismissed former president Jacob Zuma’s application to have the justices recused from the appeal case by the Electoral Commission of South Africa (IEC).
The IEC approached the ConCourt to challenged Zuma’s eligibility to serve in the National Assembly.
This is after the Electoral Court ruled that Zuma would be on the ballot for the elections, representing the Umkhonto weSizwe (MK) Party, despite his 15-months sentence to jail in 2021.
This, just 19 days before the 2024 national and provincial elections on May 29.
Last week, Zuma launched a counter-application to have them removed when the court hears his matter.
His reasons were his firm view or reasonable apprehension that a minimum of six of the justices were tainted by bias, and accordingly, not fit to sit in the adjudication panel for his case with the IEC.
Before the decision could be handed down, Deputy Chief Justice Mandisa Maya asked Zuma’s counsel, advocate Dali Mpofu SC, if he was fine with advocate Tembeka Ngcukaitobi opposing the application.
Mpofu argued that the IEC, represented by Ngcukaitobi, could not oppose the application in the case (including the the recusal of justices application) because they initially did not oppose the application.
However, he said it was unacceptable but he would accept what the court had heard.
Mpofu told the court that Zuma’s imprisonment was the “worst injustice since democracy”. Zuma was sentenced to a jail term for refusing to testify in the Zondo Commission into State Capture.
Ngcukaitobi argued that the justices who sentenced Zuma to jail for contempt of court were the best to rule on the implications of their ruling.
According to him, the justices did their job when they sentenced Zuma, stating that Zuma’s view that the decision was biased does not amount to him asking for a recusal.
The court is yet to hear the IEC and Zuma’s case on whether he is fit for Parliament.
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