Freedom Front Plus v African National Congress (02/2009) [2009] ZAEC 4 (31 March 2009)

Freedom Front Plus v African National Congress (02/2009) [2009] ZAEC 4 (31 March 2009)

The court held that section 47(1)(e) of the Constitution does not disqualify a candidate who received a wholly suspended sentence of imprisonment exceeding twelve months. The phrase 'completion of the sentence' in the section refers to the serving of an actual term of imprisonment, not the expiration of a suspended sentence. The legislative intent was to prevent those who have served prison terms from holding office too soon after release, not to penalize those whose sentences were suspended. Interpreting the section otherwise would result in anomalous and unequal treatment, contrary to the values of equality and the right to stand for public office enshrined in the Constitution.

Citation
[2009] ZAEC 4
Parties
Appellant: Freedom Front Plus; Respondent: African National Congress; Respondent: Winnie Madikizela-Mandela
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
31 March 2009
Case Number
02/2009
Procedural Posture
Civil Appeal / Appeal From Dismissal of Objection to Candidate Nomination
Outcome
Appeal dismissed; the second respondent is not disqualified from standing as a candidate.
Judges
Mthiyane, Pillay, Masipa, S Moodley, S Abro
Legal Topics
Candidate Disqualification, Section 47 1 E Interpretation, Bill of Rights Limitation
Constitutional Law Civil Procedure Candidate Disqualification Section 47 1 E Interpretation Bill of Rights Limitation

Case Brief

Summary, issues, holding and outcome

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Parties

Freedom Front Plus

Appellant

African National Congress

Respondent

Winnie Madikizela-Mandela

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Objection to Candidate Nomination

Legal Issues

  1. 1 Does section 47(1)(e) of the Constitution disqualify a candidate who received a wholly suspended sentence of imprisonment exceeding twelve months from standing for election?
  2. 2 Is the completion of a suspended sentence equivalent to the completion of an actual term of imprisonment for the purposes of disqualification under section 47(1)(e)?

Ratio Decidendi

The court held that section 47(1)(e) of the Constitution does not disqualify a candidate who received a wholly suspended sentence of imprisonment exceeding twelve months. The phrase 'completion of the sentence' in the section refers to the serving of an actual term of imprisonment, not the expiration of a suspended sentence. The legislative intent was to prevent those who have served prison terms from holding office too soon after release, not to penalize those whose sentences were suspended. Interpreting the section otherwise would result in anomalous and unequal treatment, contrary to the values of equality and the right to stand for public office enshrined in the Constitution.

Court Disposition

Appeal dismissed; the second respondent is not disqualified from standing as a candidate.

Orders

  • The appeal is dismissed.