Constitutional Court dismisses Zuma's request for Justices to recuse themselves
Zuma and the MK party wanted the judges off the case, citing that they sat on the bench that sentenced Zuma to a 15-month prison sentence in 2021.
Former President Jacob Zuma addresses members of the media under the banner of new party uMkhontho We Sizwe on 16 December 2023. Picture: Kayleen Morgan/Eyewitness News
JOHANNESBURG - The Constitutional Court has dismissed an application from Jacob Zuma and uMkhonto weSizwe (MK) Party to recuse a number of justices in the matter between the MK Party and the Electoral Commission of South Africa (IEC).
Zuma and MK wanted the judges off the case, citing that they sat on the bench that sentenced Zuma to a 15-month prison sentence in 2021.
They also wanted Chief Justice Raymond Zondo recused. He was, however, not on the bench on Friday.
Zuma and the MK Party’s legal team argued in court that they had a reasonable apprehension of bias against the justices in question.
But in response Advocate Tembeka Ngcukaitobi, for the IEC, had this to say:
"The correct position here is that, that is your job, you have to sometimes find people guilty of contempt and then sometimes impose a punitive sentence - that is what this court is expected to do. And it cannot be a basis for recusal even if the litigant who is on the receiving end, believes it is unjust. The mere fact that they believe it is unjust does not make the decision unjust in the eyes of the law."
In a brief ruling handed down by Deputy Chief Justice Mandisa Maya on Friday,, the court has ultimately ruled against Zuma and the MK party.
No reasons have been provided yet, with Maya saying that they would be incorporated in the main judgment.