The electoral commission said its application for leave to appeal was urgent because the outcome would affect the choice millions of voters make in May
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The MK Party argued that the IEC exceeded its powers because only parliament could implement section 47. “If a candidate is not qualified to hold office, he or she is also not qualified to stand for office.” “The reasoning is circular because a member would have to be eligible to decide eligibility,” the IEC said.
“The remission would change how long Mr Zuma served, it would not change the sentence that was imposed.” The IEC cautioned that accepting the MK Party’s argument that the sentence was shortened is not only wrong in law, but undermines the separation of powers. “A body as important as the commission should not be required to conduct an election under a cloud that it has been biased or favoured one side,” it said, referring to Zuma’s suggestion that a response from IEC commissioner Janet Love to a question at a media briefing created a reasonable apprehension of bias.
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