Former President Jacob Zuma. (Gallo Images/Sowetan/Thulani Mbele)
A majority of the Electoral Tribunal has ruled that the 15-month prison sentence former President Jacob Zuma received from the Constitutional Court for contempt cannot be appealed and therefore does not amount to a “judgment”, making him eligible for appointment to parliament. The decision was made.
Article 47(1)(e) of the Constitution provides that “any person convicted of an offense and sentenced to imprisonment for a term exceeding 12 months without option of a fine shall be disqualified. The sentence is not considered to have been sentenced until an appeal is filed.'' Until the conviction or sentence becomes final or the appeal period expires. ”
In the judgment, which the South African Electoral Commission (IEC) is currently appealing to the Constitutional Court, Justice Dumisani Zondi said: “The framers of the Constitution made it clear that a convicted and sentenced person should I am aware of the fact that I have the right to appeal.” If leave is granted by the trial court, or if it is denied, a decision is made on application to a higher court. ”
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