Constitutional Court declares that former President Jacob Zuma is not qualified to stand for election, to the National Assembly

On Monday, 20 May 2024, the Constitutional Court held that former President Jacob Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment for purposes of section 47(1)(e) of the Constitution. Accordingly, it declared that Mr Zuma is not qualified to stand for election to the National Assembly until five years have elapsed since the completion of his sentence.

The judgement comes after the court heard extensive arguments on whether former President Jacob Zuma should be disqualified from standing for election in South Africa’s upcoming National Election. The Adams & Adams team, Jac Marais, Thandiwe Seboletswe and Teana Mans, represented the Ahmed Kathrada Foundation (AKF), which was admitted as amicus curiae (friend of the court) in the matter. The Team was assisted by Adv Advocates Adila Hassim SC, Nick Ferreira and Mfundo Salukazana who were exceptional, especially, in light of the urgency and tight turnaround times.

In its submissions, the AKF argued that section 47(1)(e) of the Constitution must be interpreted purposively. To this end, the AKF argued that a conviction and sentence of the Constitutional Court, which is the ultimate guardian of the Constitution, cannot be suggested to be less serious than a conviction or sentence of a lower Court.

The AKF further submitted that 47(1)(e) and section 19(3) of the Constitution should be read to be in harmony. It argued that section 47(1) sets out the people who do not qualify for public office at a particular time.

The Adams & Adams team is proud to have assisted the AKF in its role as an amicus in the Constitutional Court. This judgment is significant for our country’s future elections and also affirms the structure of our Judiciary.

Thandiwe Seboletswe

Senior Associate | Attorney

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Jac Marais

Partner | Litigation Attorney

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