ANC veteran Winnie Madikizela-Mandela will be allowed to represent the ANC in Parliament, the Independent Electoral Commission said on Monday."The commission finds that the candidate is not disqualified from standing as a candidate in the election of 22 April 2009," it said in a statement.
"The objection is accordingly dismissed."
The Democratic Alliance and the Freedom Front Plus had lodged formal objections to Madikizela-Mandela's nomination, citing her fraud conviction.
Madikizela-Mandela appeared at number five on the ANC's list, after Finance Minister Trevor Manuel and before Foreign Affairs Minister Nkosazana Dlamini-Zuma.
According to the Constitution a person sentenced to more than 12 months in jail without the option of a fine is not allowed to hold a seat in Parliament or the provincial legislatures until five years after the sentence has been "completed".
In July 2004, Madikizela-Mandela had an earlier sentence for fraud and theft reduced on appeal to three-and-a-half years.
The sentence was suspended for five years.
Madikizela-Mandela's sentence would lapse in July this year, which, according to the DA and FFPlus, disqualified her from running for the National Assembly.
The ANC however argued that the constitutional provision did not apply in her case because she never actually went to jail.
Source : Sapa /nm/th
Date : 23 Mar 2009 17:38
