Adriaan Basson | Protect democracy from Zuma and his MKP’s lies
Adriaan Basson
06:38
Fear of the nation | Former president Jacob Zuma addresses MKP supporters outside the Electoral Court in Johannesburg.
Mlungisi Louw / Gallo Images
The IEC and Constitutional Court must be protected from defamatory and hateful statements made by Jacob Zuma’s MKP, writes Adriaan Basson.
The uMkhonto weSizwe Party (MKP), former president Jacob Zuma’s new political home, uses disinformation and emotive language to discredit the Electoral Commission of South Africa (IEC) and the Constitutional Court.
They must be exposed and stopped.
After the IEC announced its decision to appeal a ruling by the Electoral Court that Zuma could be a candidate for Parliament, the MKP has attempted to discredit two of the most important institutions of democracy in our constitutional dispensation.
READ | Zuma’s MK Party guns for the IEC, calls for Zondo’s recusal in appeal
The IEC and the Constitutional Court are arguably the country’s two strongest state institutions. Both have a proud history of 30 years of independent, professional service to the people of South Africa.
The IEC has overseen multiple national, provincial and local elections with the highest integrity and accountability. It is an institution run by professional accountants, lawyers, systems engineers and auditors.
I’ve witnessed first-hand how the IEC’s professional staff run, compute and audit elections. It is a world-class show.
Attempts to discredit the IEC for taking the MKP ruling on appeal is an underhanded attempt by MKP to erode the public’s confidence in the institution.
It is interesting how Zuma never questioned the integrity, professionalism, and accuracy of the IEC while he was the president of the ANC and the president of the country. Yet, since he has been anointed as the “leader” of MKP, a party that will definitely not obtain a national majority on 29 May, he is happy to undermine the IEC.
In 2016, after the local government elections, then-president Zuma said: “The commissioners and IEC staff worked long hours, and delivered an efficient and fair election yet again. They have once again affirmed the faith and confidence our people have in the IEC and the integrity of our elections.”
As they say on social media, “we see you”.
The IEC had every right – like Zuma has done in the past, on multiple occasions – to approach the Constitutional Court for certainty on a ruling that affect the IEC’s mandate.
Under the Constitution, a criminal who received a sentence of 12 months or longer, without the option of a fine, is disqualified from becoming a member of Parliament.
The Electoral Court is yet to give reasons for ruling in Zuma’s favour, but his legal team’s strongest argument was that President Cyril Ramaphosa’s decision to grant Zuma a remission of sentence in August last year effectively meant his 15-month sentence was reduced to the almost two months he served.
It is a technical argument and deserves to be digested once more by an appellate division – in this case, the Constitutional Court.
Zuma’s sordid relationship with Chief Justice Raymond Zondo started when Zondo refused to withdraw as head of the commission into state capture because of a prior relationship with Zuma’s family.
Zuma’s refusal to subsequently appear before Zondo led to his conviction of contempt of court by the Constitutional Court, for which he was sentenced to 15 months in prison.
On Sunday, MKP spokesperson Nhlamulo Ndhlela told City Press that Zondo was “the same person who sentenced Zuma in 2021 – illegally and unlawfully”. Ndhlela further accused the IEC of approaching the Constitutional Court to “collude with corrupt judges”.
This is blatantly false, and Ndhlela deserves to be called out and rebuked.
READ | Ramaphosa’s remission of Zuma’s jail sentence at the centre of legal blows in Electoral Court
Zondo never participated in the contempt of court proceedings. He recused himself because the case centred on his order for Zuma to appear before the State Capture Inquiry.
He was also not sentenced by Zondo. The conviction and sentence, by a full bench of Constitutional Court judges, was delivered by then-acting chief justice Sisi Khampepe.
To accuse the IEC and the Constitutional Court of conspiracy and corruption is highly defamatory to both institutions. Ndhlela himself should be hauled before the Electoral Court.
Ndhlela continued by saying the IEC is not independent and should “shut up and move on”. This is dangerous rhetoric shortly before an election. Nobody has ever told Zuma to “shut up and move on” if he wanted to appeal one of this many court cases.
Zuma should lecture his new colleagues in MKP about the importance of the Constitutional Court and the IEC. Having served as state president for nine years, he must know the dangers of undermining critical institutions of democracy.
The reason for Ndhlela’s outburst is apparent: the MKP needs Zuma’s face on the ballot paper to stand any chance of winning a few seats in Parliament. At least he is honest about that: “Zuma’s face being on it is alone at least 50% of our job done.”
The MKP is banking on a few thousand people voting for the party because of Zuma and nothing else. No policies, governance track record or vision.
They are allowed to campaign as hard as they like, but they cannot denigrate critical institutions of democracy that, if acted upon, could lead to anarchy and violence.
– Adriaan Basson is editor-in-chief of News24 and co-author of the recently published Who Will Rule South Africa? (Flyleaf Publishers).
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