ConCourt to hear IEC’s appeal on MK ruling

President, Jacob Zuma
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The Constitutional Court will on Friday hear the Independent Electoral Commission’s (IEC) appeal against the order of the Electoral Court that allows the former president Jacob Zuma to remain on the uMkhonto we Sizwe (MK) party’s candidates’ list.

The Electoral Court had dismissed the commission’s disqualification of Zuma following an objection against his candidature.

The counter application by former President, Jacob Zuma for the recusal of six Justices is the first matter that is expected to be ventilated in the apex court as it is a preliminary one.

In it, Zuma relies on Section 167 Subsection (2) of the Constitution which stipulates that a matter before the ConCourt must be heard by at least 8 Justices.

The court will also hear the appeal by the IEC.

It will have to determine whether a conviction and sentence against which there is no appeal is a conviction and sentence for the purposes of Section 47 and whether a remission of sentence operates to reduce a sentence.

If the Electoral Commission exceeded its powers when it implemented Section 47 and whether the Commission was biased in its application of the Section in relation to Zuma.

VIDEO: IEC and MK Party to argue Zuma’s candidacy at ConCourt on Friday: