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MK Party may approach UN Human Rights Committee, following ConCourt ruling against Zuma

Written by on May 21, 2024

Umkhonto weSizwe (MK) Party spokesperson Nhlamulo Ndhlela says their leader Jacob Zuma will pursue all possible ways, including approaching the United Nations Human Rights Committee (UNHRC), to have the Constitutional Court ruling overturned after it disqualified him from participating in the National Assembly after the elections.

On Monday, the ConCourt, chaired by Justice Leona Theron, ruled that Zuma will not participate in Parliament until five years after his sentence was completed.

The judgment was handed down at the Constitutional Hill in Braamfontein, Johannesburg.

Zuma was removed from the MKP’s parliamentary list ahead of the May 29 national and provincial elections.

This means Zuma will have to appoint an MKP member who will head to Parliament.

“It’s not the end of the road for president Zuma. We are taking this matter to the United Nations Human Rights Committee (UNHRC) to get it overturned,” he said.

In an interview with Newzroom Afrika, Ndhlela said there were many ways to skin a cat, adding that they were gunning for a two-thirds majority to change the Constitution that is “based on Roman Dutch-Law that does not represent us and that is abused continuously by judges that are not elected by our people“.

Days before the matter could be heard in court, Zuma filed for counter-application to have six justices removed when the court heard his matter, but it was dismissed.

This was after the Electoral Commission of South African (IEC) filed an urgent application to challenge Zuma’s eligibility in Parliament.

Speaking to IOL, the University of KwaZulu-Natal’s associate professor of law, Karthy Govender, who is also a former SA Human Rights Commissioner, said: “in my view, I just wonder if this is not a publicity stunt, because the Constitution is fairly clear that the Constitutional Court is the highest court on constitutional matters.”

Govender said it was mostly unlikely for the UNHRC to hear the matter because the South African Constitution does not allow any other court overriding the apex court.

“I am not sure on what basis they are doing it, but I assume it is to tell people that there is still another appeal, but in terms of our Constitution, that is not correct,” he said.

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