Former President Jacob Zuma. (Darren Stewart/Gallo Images)
The Constitutional Court will hear the South African Electoral Commission's (IEC) challenge to former President Jacob Zuma's parliamentary status on May 10, just 19 days before South Africa's national elections.
In directions issued on Sunday, Deputy Chief Justice Mandisa Maya will consider whether the Constitutional Court's contempt finding against Zuma and the 15-month prison sentence he was sentenced to disqualifies him from holding office. A strict schedule has been set for the hearing of the emergency cases to be decided. Member of Parliament for the newly formed Umkhonto Wisizwe Party.
Article 47(1)(e) of the Constitution disqualifies a person from being a member of parliament if he or she has been “convicted of an offense and sentenced to imprisonment for a period of not less than 12 months without option of a fine.” The sentence shall be deemed to have been passed until the appeal against the conviction or sentence is decided or until the appeal period has expired, adding that “no one shall be deemed to have passed the sentence.'' ”
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In a judgment released on Friday, the Electoral Tribunal ruled that the decision fell under Article 47(1)(e) of the Federal Constitution because Mr Zuma did not have the capacity to appeal the sentence imposed by the Supreme Court. The court ruled that this does not constitute a “judgment” based on the above. Constitution.
A majority of the court's judges also upheld President Cyril Ramaphosa's decision to grant remissions to thousands of prisoners to “address prison overcrowding”, which would allow Zuma to be released on medical parole. The court found that he had conveniently secured his immediate release from prison after being deported for the reason. His sentence was reduced to three months because it was found to be illegal.
The short sentence means Mr Zuma may serve as an MP.
The IEC is seeking to appeal these findings.
