Winnie Madikizela-Mandela's nomination by the ANC on its election list for the National Assembly has been approved by the Independent Electoral Commission (IEC), despite her criminal record.On the official provisional list of candidates published on Monday, the ex-wife of former president Nelson Mandela appears in fifth place for the African National Congress, just after Finance Minister Trevor Manuel and ahead of Foreign Minister Nkosazana Dlamini-Zuma.
Legal experts have warned that her conviction for fraud makes her ineligible for a seat in the legislature.
The popular ANC veteran had a five-year sentence for fraud and theft reduced on appeal to three-and-a-half years for 43 convictions for fraud in July 2004. The sentence was suspended for five years.
The Constitution bars a person sentenced to more than 12 months in jail without the option of a fine from Parliament, and from the provincial legislatures until five years after the sentence had been "completed".
The ANC has argued that because Madikizela-Mandela never actually went to jail, the constitutional provision does not disqualify her from returning to Parliament after the April 22 elections.
The provisional election list is published to give the public an opportunity to lodge objections to candidates' nomination with the IEC.
Objections have to reach the electoral commission by fax or email by Wednesday.
Source : Sapa /ef/gj
Date : 16 Mar 2009 11:30
