Zuma’s recusal bid dismissed

THE Constitutional Court yesterday 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 challenge Zuma's eligibility to serve in the National Assembly.

The Electoral Court ruled earlier that Zuma would be on the ballot for the May 29 elections, representing the Umkhonto weSizwe Party, despite his 15-month jail sentence in 2021.

Last week, Zuma launched a counterapplication to have the justices removed when the court heard his matter.

He claimed apprehension that a minimum of six of the justices were tainted by bias and not fit to sit on 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, his opinion on advocate Tembeka Ngcukaitobi opposing the application.

Mpofu argued that the IEC, represented by Ngcukaitobi, could not oppose the application in the case (including the recusal of justices application) because it initially did not oppose the application.

He said it was unacceptable but he would accept what the court had heard. Mpofu told the court 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.

He said the justices did their job when they sentenced Zuma.