The Constitutional Court has issued directions extending the deadline for respondents to file answering affidavits if they wish to oppose the Electoral Commission (IEC)’s bid to appeal the Electoral Court order which paved the way for former president Jacob Zuma to remain on the uMkhonto we Sizwe Party’s candidate list.
This comes after lawyers for the first and second respondents, the uMkhonto we Sizwe party and former president Jacob Zuma, wrote to the apex court seeking an extension. The court has now given the respondents until Tuesday 30 April 2024 to make their submissions.
In the letter requesting an extension, dated 24 April 2024, the MK Party and Zuma’s lawyer stated that the time afforded to the respondents was “unreasonably” short and that it would be impossible to furnish a meaningful answering affidavit within 24 hours. The original deadline set by the Constitutional Court was 25 April 2024.
The Electoral Court is yet to provide reasons for its order, which set aside the IEC’s March decision that disqualified Zuma’s candidacy due to the contempt of court finding against him by the apex court and the subsequent sentence of 15- months imprisonment given to Zuma in 2021.
The IEC, which is standing by its March decision, filed papers in the Constitutional Court earlier this month, asking for an urgent hearing.
The Commission contends that it’s in the public interest and the interests of justice for there to be finality and clarity on Section 47 (1) (e) of the Constitution before any votes are cast, to avoid the election and its outcome being tainted if its appeal succeeds.
