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Fact Check — Is Patriotic Alliance leader Gayton McKenzie permitted to run for public office?

Does the Constitution permit Gayton McKenzie, who has served jail time for armed robbery, to stand for public office in the upcoming elections?
Fact Check — Is Patriotic Alliance leader Gayton McKenzie permitted to run for public office? Gayton McKenzie speaks at The Big Debate during The Gathering Twenty Twenty-Four Election Edition at the Cape Town International Convention Centre on 14 March 2024. (Photo: Shelley Christians)

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You cannot run for public office in South Africa if you have a certain kind of criminal record. As a result, many people on social media are asking: is Patriotic Alliance leader Gayton McKenzie eligible to be elected to Parliament?

The section of the Constitution which governs this is section 47. It states that a person is prohibited from standing for election to the National Assembly if they have previously been convicted of a criminal offence and sentenced to more than 12 months’ imprisonment without the option of a fine.

However, it also says this prohibition falls away five years after the sentence has been completed.

Watch: Fact Check — Can Zuma stand for election if he has a criminal record?

In the case of McKenzie, he was sentenced to somewhere between 15 and 17 years in jail for armed robbery in 1996. He was released in 2003. As such, his prison days are sufficiently far behind him for McKenzie to be constitutionally permitted to stand for public office. 

In recent days some people have also asked why Nelson Mandela and other former political prisoners were eligible to be elected, given their own criminal records

This is because the relevant section of the Constitution also specifies that the prohibition against convicts standing for public office only applies to crimes committed after 1996 – obviously in order to accommodate former freedom fighters.

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Complicating all of this currently is the case of former president Jacob Zuma. As we said in a previous fact check, the consensus was that Zuma should not be allowed to stand for election because his conviction for dodging the Zondo Commission was too recent. 

The Electoral Court, however, unexpectedly ruled in April that Zuma can indeed stand because he received a sentence remission, which the judges said meant his case could not be considered in the same category as envisaged by the Constitution’s prohibition.

The Electoral Commission has now taken the matter to the Constitutional Court to seek clarity.

So, the specific case of Zuma is still legally uncertain, but there is no ambiguity in the case of McKenzie. 

The Patriotic Alliance leader is indeed eligible to be elected as an MP. DM

Comments (6)

Kel Varnsen May 16, 2024, 10:15 AM

The prohibition may have fallen away but the person who committed a violent crime and received a long sentence for it remains. Whatever one may think about rehabilitation, I have listened to him and read about him on various news forums, and he still sounds like a thug with a seriously compromised moral compass.

Kenneth FAKUDE May 16, 2024, 11:08 AM

I agree, armed robbers are people who are prepared to kill in the process of doing the robbery, this is not an instinct you just grow overnight, south Africa has many young qualified leaders who are morally clean. We are not desperate for ex-convicts and corrupt pensioners.

Geoff Coles May 16, 2024, 06:12 PM

Well said Kenneth

William Dryden May 16, 2024, 11:16 AM

I agree with you Kel, but then if he gets elected he will join the rest of the criminals in the government.

megapode May 16, 2024, 02:59 PM

Well he is a thug with a seriously compromised moral compass. But he's not a robber. He has made some hair raising claims on social media EG if he visits a hospital and finds an immigrant on life support then he will rip the tubes out with his bare hands. His criminal past is the least of his problems with his potential presence in Parliament.

D'Esprit Dan May 16, 2024, 04:21 PM

100%. McKenzie is fundamentally bigoted and a thug to boot. He should never be allowed anywhere near public office. The law, in this case, is an ass: if you're convicted of violent crime, you should never be able to hold public office.

megapode May 16, 2024, 10:23 AM

As a general principle, I think people deserve a second chance, and if they are sentenced and do their time then the slate is wiped clean. Unless they reoffend, then the book should be thrown at them. There are plenty of good reasons for not wanting Gayton McKenzie anywhere near Parliament. His criminal record - and there has been no reoffending - is not one of them.

Nick Griffon May 16, 2024, 04:09 PM

The fact that this is even an issue in our society shows how broken it is. The man is a criminal. A bloody fraudster. How on earth would ANYBODY trust him to be in charge of public funds. Good grief man!!!!

Geoff Coles May 16, 2024, 06:13 PM

Tell me, how does he make his daily crust of bread outside ofpolitics.

jacquesvandyk6@gmail.com May 17, 2024, 01:14 PM

To me coming from a very average upbringing, its absolutely shocking that anyone with a criminal record can be eligible to to serve in public office. Public servants must set the example and should always be role models. This Gayton guy is really something else......and really disrespectful

Noelsoyizwaphi@gmail.com May 17, 2024, 11:05 PM

Gayton McKenzie was sentenced, served his term and was released in 2003. With the huge leadership deficit in South Africa, the constitution allows for equal emergence of a new crop of leaders, with the hope that a true leader of people will emerge. If there is one thing that apartheid has done very well, it is the psychological damage it has caused in the minds of many people, across the racial devide. This damage manifest in a variety of ways, that include its humiliating effects on blacks and arrogance inducing effects on whites. While the lowly educated black people that work as domestics would be too tolerant, apologetic and accepting, on the other hand, any white Tom, Dick or Harry will always assume the right to set baseless standards, pass judgements, and throw insults on blacks. Free and unalloyed-minded South Africans would know that Gayton MacKenzie has every right under law to campaign and stand for office and that voters, gormless or not, are free to make their choices. It is the duty of political parties to go out to convince the South African electorate to vote for them. No amount of insults directed to other race groups will convince them to vote different to what they had already decided to vote. As a follower of a political party, you can only assist it by behaving in a respectful manner, especially when you interface with potential voters. There are no gormless voters, just voters that your preferred party hasn't reached out to yet.