By PETER DUBE

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The Electoral Court in South Africa has ruled that former president Jacob Zuma, is eligible to be on the ballot for the elections slated for May 29. 

In a ruling delivered on Tuesday afternoon, the court dismissed the Electoral Commission of South Africa's (IEC) decision to bar Zuma from returning to parliament. 

"The appeal succeeds. The decision of the electoral commission of March 28, 2024 in terms of which the electoral commission upheld Dr [Maroba] Matsapola's objection to the second applicant's candidacy (Mr Zuma) is set aside and substituted with the following: The objection is hereby dismissed," the court ruled.

Read: Zuma party fights to keep him on the ballot

The IEC had stated that Zuma could not be a member of parliament due to his conviction for contempt of court and 15-month sentence in 2021. 

However, the decision was overturned after Mr Zuma’s legal representative, advocate Dali Mpofu, argued in court that the IEC had no authority to remove the former leader from the list. 

"The point of the matter is that we all know that there was no trial, plea, or standing in the dock. This is the only person who sat in jail without being found guilty or not found guilty. It is Mr Zuma,” Zuma's defence team argued.

Zuma, who is the leader of the uMkhonto we Sizwe Party, was jailed in July 2021 for defying a Constitutional Court order to appear at the Zondo Inquiry into state capture. 

But he only served three months, and not the full 15 months, after President Cyril Ramaphosa granted him remission in August 2023, which reduced his sentence.

On the other hand, advocate Thembeka Ngcukaitob of the IEC, argued that the commission was applying section 47 of the South African Constitution, which states that lawbreakers cannot be lawmakers. 

Zuma defected from South Africa’s ruling party, the African National Congress (ANC), last year and joined uMkhonto we Sizwe. He led the ANC party between 2007 and 2017.