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We, the undersigned organisations, call on all stakeholders to respect the decision of the Constitutional Court in relation to the Independent Electoral Commission of South Africa’s (IEC) appeal to be heard on 10 May 2024. 

The IEC is appealing a recent judgment by the Electoral Court. This judgment overturned the IEC’s decision to uphold an objection to former President Jacob Zuma’s candidacy. The former President is standing for the 29 May elections as a National Assembly candidate on Umkhonto we Sizwe’s (MK) political party list. 

We express our confidence in the Constitutional Court processes and the impartiality of its judges who are expected to hear the matter between the IEC and MK. We call on the IEC, MK, former President Zuma, the amici curiae in the case, as well as the broader public, to accept the ConCourt’s judgment, irrespective of the outcome. 

As MK had the right to take the matter to the Electoral Court, we similarly stand by the right of the IEC to take the matter to the Constitutional Court. We firmly believe that this matter requires urgent constitutional clarity ahead of the elections later this month. The case is also important for future interpretation of Section 47 (1) (e) of the Constitution. 

We support the right of organisations to become ‘friends of the court’ on the matter. In this regard, the Ahmed Kathrada Foundation, Corruption Watch, and the Council for the Advancement of the South African Constitution have all been admitted as amici curiae by the Constitutional Court. 

The social media attacks on these organisations – which started promptly after it was made public that they would be joining in as amici curiae – must be condemned. The three organisations have long stood for constitutionalism, against corruption and state capture, and for democracy. The attacks aimed at them are nothing more than spurious attempts to undermine their credibility and public standing. 

As the matter heads to the Constitutional Court on Friday, we reiterate our appeal for the respect and upholding of the rule of law by all stakeholders. In the experience of the July 2021 unrest, the country has an example of the repercussions of the rule of law being disregarded. As we head to the 2024 elections, respect for the rule of law will ultimately improve the overall climate of peace and stability. 

Signed by: 

  1. Active Citizens Movement
  2. Auwal Socio-Economic Research Institute NPC
  3. Botsotso
  4. Business Ecology
  5. Centre for Analytics and Behavioural Change NPC
  6. Congress of Business and Economics
  7. Defend Our Democracy
  8. Extinction Rebellion Gauteng
  9. Freedom Under Law
  10. Gandhi Development Trust/Phoenix Settlement Trust
  11. Gugulethu CAN
  12. In Transformation Initiative
  13. Inclusive Society Institute
  14. Johannesburg Against Injustice
  15. June and Andrew Mlangeni Foundation
  16. Krishna Rabilal Foundation
  17. Legal Resources Centre
  18. LenzPolitics
  19. Linali Consulting
  20. Masibuyisane
  21. Mediate Works (Pty) Ltd
  22. Moselatshedimosho Mining Communities Education and Training Centre
  23. Msunduzi Association of Residents Ratepayers and Civics (MARRC)
  24. Muslim Students Association Union
  25. Muslim Youth Movement
  26. Ntwane Community Development Forum
  27. Open Secrets
  28. Organisation Undoing Tax Abuse
  29. Progressive Tamil Movement
  30. South Durban Community Environmental Alliance
  31. South African Conversations
  32. South African Tamil Federation
  33. Survivors of State Capture at the South African Revenue Service Support Group
  34. Teddy Bear Foundation for Abused Children
  35. The Fair Labour Practice (Pty) Ltd
  36. Tlou Cholo Foundation
  37. #SA1stForum #StandUpSA
  38. #UniteBehind
  39. #YouthArise

Issued by Defend our Democracy. For media interviews, contact:

Andries Sibanyoni

Communication Officer, Defend Our Democracy 

Mobile: 071 037 6138