Concourt judges dismiss Zuma’s recusal application and Mzansi is torn

• The Constitutional Court in Johannesburg has dismissed former president Jacob Zuma’s application for six justices to recuse themselves.
• The IEC approached the ConCourt to challenge Zuma’s eligibility to serve in the National Assembly.
• South Africans are torn between supporting the judgment, while some say the judgment is unfair

The Constitutional Court will decide on an appeal questioning former president Jacob Zuma’s eligibility to run in this month’s election. Images: GULSHAN KHAN/AFP via Getty Images Source: Getty Images

The Constitutional Court of South Africa in Johannesburg has declined former President Jacob Zuma’s attempt to have judges recused from an appeal case brought forth by the Electoral Commission of South Africa (IEC).

Mzansi was left torn, with some netizens arguing this was expected and some saying it’s proof the judges were bought.

Zuma’s application for recusal stemmed from the IEC’s challenge regarding his eligibility to serve in the National Assembly.

Mzansi agrees with the judgment

During a live broadcast of the Constitutional Court application, Zuma’s request for the recusal of six ConCourt justices in the IEC appeal against the Electoral Court’s order concerning his eligibility has been rejected:

The reasons for the decision will be detailed in the main judgment.

@Cihoshe_Nozinga

“Very good justices of Constitutional Court.”

@mdingi_lumka

“Mr Jacob “Recuse” Zuma lose, again.”

@ncidoec

The dismissal of this recusal application by the ConCourt highlights the frivolous nature of the applicant’s requests. It underscores the need to prioritize substance over strategic manoeuvres, especially in cases with significant implications for justice and democracy.

However, some netizens needed more convincing, and it was noted that Zuma’s request was valid.

@MelloeT

“This was expected the Judiciary is compromised.”

@uNdlov_

“We all know the outcome from the Constitutional Court. Do they think of us as SAns with their outcome?”

IEC challenges Zuma regarding his eligibility

The backdrop to this legal saga unfolded when the Electoral Court ruled in favour of Zuma’s candidacy for the upcoming national and provincial elections, slated for May 29, representing the Umkhonto weSizwe (MK) Party.

This decision came despite Zuma’s prior 15-month jail sentence in 2021 for contempt of court, a sentence linked to his refusal to testify in the Zondo Commission into State Capture.

Zuma’s legal team launched a counter-application seeking the removal of judges from the Constitutional Court proceedings. They argued that at least six justices exhibited bias and were unfit to adjudicate the case involving the IEC.

IEC’s opposition was unacceptable

During the proceedings, Deputy Chief Justice Mandisa Maya questioned Zuma’s counsel, advocate Dali Mpofu SC, about their acceptance of advocate Tembeka Ngcukaitobi’s opposition to the application.

Mpofu contended that the IEC’s opposition was unacceptable as they initially did not contest the application. However, despite his disagreement, Mpofu agreed to the court’s decision.

Mpofu argued that Zuma’s imprisonment represented “the worst injustice since democracy.”

He emphasized the alleged bias of the justices involved in Zuma’s contempt case, framing the recusal application as an essential step in ensuring a fair hearing.

Contrarily, Ngcukaitobi, representing the IEC, asserted that the judges who sentenced Zuma for contempt were best positioned to rule on the implications of their decision. He maintained that Zuma’s claims of bias did not warrant recusal.

The Constitutional Court in Johannesburg dismissed Zuma’s recusal application

Following deliberation, the Constitutional Court dismissed Zuma’s recusal application, affirming the court’s readiness to proceed with the case concerning his eligibility for Parliament:

Ngcukaitobi reiterated the court’s obligation to oversee all cases brought before it, underscoring the ineffectiveness of grounds for recusal.

The court’s decision marks a significant setback for Zuma, underscoring the legal complexities surrounding his political aspirations amidst ongoing legal battles.

MK Party Youth League stands firm with Zuma

The MK Party’s Youth League has backed Jacob Zuma against Jabulani Khumalo in the ongoing leadership squabble.

The League released a statement condemning Khumalo’s attempt to suspend Zuma and remove him from the ballot.

The League stated that its members joined the MK Party to be led by Zuma, who’s made strides in improving the lives of disadvantaged South Africans. The party’s youth wing further cautioned Khumalo against undermining Zuma’s leadership.