The Electoral Commission's Legal Adviser (IEC) argued that it was within its powers to uphold an objection premised on Article 47(1)(e) of the Constitution.
Advocate Thembeka Ngukaitobi (SC) argued that the Electoral Act gives the IEC such powers.
He is representing the committee at the Electoral Tribunal in a matter where the Umkhonto Wisizwe Party is challenging the disqualification of former President Jacob Zuma from running for public office under Article 47.
The party had previously argued that the IEC did not have the authority to invoke this clause because it did not adhere to the principle of separation of powers.
“It's true that other people will lose their seats as members of Congress. Two years after you take office, you may become an irrevocably bankrupt person, but then Congress will take care of it. There is no dispute here about the exclusive powers of the Election Commission. In the narrow argument, the Commission has the power to uphold objections in terms of Article 47 of the Constitution. There is a possibility of disqualification at some stage. Naturally, the fact that there is such a thing will be dealt with by the Diet, but at the election stage, the Election Commission will examine it.
Meanwhile, lawyers for the Umkhonto Wesizwe party argued that the final sentence handed down to Zuma in 2021 will be three months due to the reprieve granted to the former president.
In September last year, President Cyril Ramaphosa exempted Zuma from his sentence after the Constitutional Court ruled that he had been illegally granted medical parole and must serve the remaining 15 months of his sentence following his conviction by the Constitutional Court. acknowledged.
Advocate Dali Mpofu claims this canceled the 12-month period that President Zuma was supposed to complete. Mpofu therefore argued that Article 47(1)(e) of the Constitution did not apply to former presidents.
Mr Mpofu is representing the party at the Electoral Tribunal in its challenge to Mr Zuma's disqualification by the IEC.
“The effect of remission is clearly explained. In fact, a synonym for remission is cancellation, even saying set aside. So in this case, the final result of remission, rather than the result of an appeal or retrial, is The average sentence will be three months.”