Zuma, MK Party seek extension to file in IEC's ConCourt application

Lawyers acting for former president Jacob Zuma and the uMkhonto we Sizwe Party have asked the Constitutional Court for an extension to file an answering affidavit to the application for leave to appeal by the Electoral Commission.

In directions on Tuesday, the court had asked that the MK Party and Zuma, or any other parties opposing the IEC’s urgent bid to appeal against the Electoral Court order that allowed Zuma to stand for parliament, to file answering affidavits by Thursday. 

The directions said “further directions may be issued”.

In a letter to the court on Wednesday, Zungu Incorporated said the time afforded to Zuma and MK Party were, “with the greatest respect”, unreasonably short in the circumstances.

The law firm said it had been able to make contact with its clients and counsel only on Wednesday morning.

 “The legal representatives were unfortunately engaged in other matters, and with the elections around the corner, the clients were spread out across the country campaigning for votes. It therefore seems like we will only be able to consult and receive instructions over the coming weekend,” the letter read. 

The lawyers said that without the reasons from the Electoral Court for its order of April 9, the matter was far from being ripe for hearing or proper adjudication. 

“In the present circumstances it is practically impossible to comply with the directive to furnish any meaningful answering affidavit(s) in the next 24 hours or so.

“We are therefore instructed to make this humble request, as we hereby do, to be granted an extension until close of business on Tuesday 30 April 2024,” Zungu Incorporated said. 

Meanwhile, the Council for the Advancement of the South African Constitution (Casac) has filed an application to be admitted as a friend of the court in the matter. Casac said it sought to submit written argument and present oral argument at the hearing of the matter. 

In its founding affidavit on Tuesday, Casac executive secretary Lawson Naidoo said a consequence of the Electoral Court’s decision was that despite the Constitutional Court’s decision of June 2021 convicting Zuma for the crime of contempt and sentencing him to 15 months in prison, Zuma was presently not disqualified from seeking election to the National Assembly. 

Naidoo said the central premise of the Electoral Court order, it seemed, was that as a result of the special remission of sentences granted by President Cyril Ramaphosa in August 2021 to about 9,000 sentenced offenders — including Zuma — to reduce overcrowding, the Electoral Court must have determined that Zuma‘s sentence was reduced by the 12 months’ remission amount. 

He said Casac, if admitted, will advance submissions not canvassed by either party, and provide comparative and foreign case law that might assist the court in its adjudication of the matter. 

TimesLIVE