The Electoral Court has heard that the purpose of Section 47 of the Constitution is to ensure that lawbreakers do not become lawmakers.
The Electoral Commission (IEC) and former President Jacob Zuma faced off in the Electoral Court over the correct interpretation of the Section which has effectively led to Zuma being disqualified from standing as a candidate ahead of the 29 May polls.
Zuma sought to appeal the IEC decision through the Electoral Court. It was an interpretation exercise in the Electoral Court which is tasked with determining whether section 47 (1) (e) of the constitution disqualifies Zuma’s candidature.
Counsel on behalf of the former President argued on several grounds that it does not. In the main, counsel submitted to the court that Zuma was not convicted of an offence through criminal proceedings and that the remission of sentence he was granted effectively reduced his sentence from 15-months to three-months, short of the yardstick of 12 months stated in the legislation.
“That sentence would then read like this, the total sentence the applicant was to serve was 15 months, if the 12-months remission was deducted from this sentence, it will leave a sentence of three months,” says Adv Dali Mpofu SC on behalf of MK Party.
The Constitutional Court found Zuma guilty of contempt of court in 2021 and sentenced him to 15-months. Counsel on behalf of the IEC argued that the assertion by the MK Party that Zuma was not convicted of an offence because it was not through criminal proceedings is “plainly absurd”.
Further emphasizing that the focus should be on the purpose of the Section 47 in the Constitution which deals with members of the National Assembly.
“What the constitutional drafters are trying to tell us is that serious law breakers should not be lawmakers that is the purpose behind section 47 (1)(e) of the constitution,” says Adv Tembeka Ngcukaitobi SC on behalf of the IEC.
He further addressed the effect of remission of sentence adding that it does not change the fact that the court imposed a sentence of 15-months merely because the executive took a decision.
Judgment was reserved in the matter.
Video: 2024 Elections – MK Party, IEC court judgment reserved
