Party lists — Jacob Zuma makes IEC cut while Operation Dudula vies for provincial legislatures

The Electoral Commission (IEC) has published candidate lists for parties contesting the general elections in South Africa. Former president and uMkhonto Wesizwe party leader Jacob Zuma’s name appears on the list, while Operation Dudula — known as a xenophobic vigilante group that has led unlawful raids targeting migrants — does not have any candidates on the national list, although its members are running in a number of provinces.

?You have until 27th March to inspect the lists of candidates nominated for the #SAelections24 and raise objections.

The lists is are available at the IEC's National, Provincial, and Local offices from 9AM-5PM or online at https://t.co/J67OJAXvt3 pic.twitter.com/riQyMpXb6L

— IEC South Africa (@IECSouthAfrica) March 26, 2024

All parties contesting the general elections in South Africa in May 2024 were required to submit a list of their party candidates to the IEC by Friday, 8 March, 2024.

The public has until 27 March to inspect the lists of candidates nominated for the general elections and raise objections.

Anti-migrant group Operation Dudula last year told Daily Maverick that they would be contesting the elections after registering as a political party. The group has shown little activity since then. It has not nominated any candidates for the National Assembly, but submitted nominees for the Gauteng, Limpopo and Western Cape legislatures.

In the past, people have raised questions about Zuma’s eligibility to be a candidate, considering his criminal record and the previous two terms as president.

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The IEC told Durban newspaper the Daily News unequivocally that Zuma could not stand for election. Eight days later, EWN also published a story confirming that Zuma’s inclusion on a party list for election to Parliament was not possible.

Read more in Daily Maverick: MK party ‘will go to court’ if IEC bars Zuma from contesting elections

Section 47 of the Constitution stipulates that you cannot be elected to Parliament if you have been convicted of a crime and sentenced to 12 months or more in prison. You only become eligible again five years after the end of the sentence.

In 2021, Zuma was convicted of being in contempt of court and handed a 15-month sentence for his refusal to testify before the Zondo Commission of Inquiry into State Capture, which he established.

MK party members outside the high court on 26 March 2024 in Johannesburg after the ANC accused the MK party of unlawfully supplementing a defective application after its initial one was rejected. (Photo: Gallo Images / Fani Mahuntsi)

After being released on medical parole, the 81-year-old former president received a remission of sentence last year, for the remainder of the term.

Read more in Daily Maverick: First blood — ANC fails in bid to deregister Zuma’s MK party before Electoral Court

In the past, the IEC has upheld objections to candidates with criminal records and barred them from appearing on party lists.

The reason for including Zuma’s name on the list is unclear, and the IEC did not respond to questions regarding whether they were awaiting objections that they themselves could not disqualify Zuma.

The IEC said in a statement any person may object to the nomination of a candidate and such objections must be lodged with the Commission by 5pm on 27 March 2024.

“An objection may be raised on the basis that an independent candidate or nominating party has failed to submit the signed prescribed acceptance of nomination or that there is no signed prescribed undertaking, that the candidate is bound by the electoral code of conduct,” reads the statement.

“More significantly, an objection may be on the basis that a candidate is not qualified to stand in the election. In this regard, sections 47 and 106 of the Constitution are instructive. The sections provide that every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except:

• “Anyone who is appointed by, or is in the service of the state and receives remuneration for that appointment or service;


• “Permanent delegates to the National Council of Provinces or members of a provincial legislature or a Municipal Council;


• “Unrehabilitated insolvents;


• “Anyone declared to be of unsound mind by a court of the Republic; or


• “Anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.”

The Commission will decide the objections by 28 March 2024. The objector, registered party or nominated candidate may appeal against the decision of the Commission to the Electoral Court by 2 April 2024.

The final list of candidates contesting the elections will be published by the Commission on 10 April 2024.

Meanwhile, EFF MP Naledi Chirwa has fallen in the pecking order in the EFF list from being in the top 40 to now being the last candidate on the party’s list (200). She is not likely to return to Parliament as the EFF is unlikely to get more than 100 seats. Also, up high on the EFF list is advocate Dali Mpofu and Leigh-Ann Mathys. The pair were not included in the list of the current administration. DM