His sentence was reduced due to a pardon granted to former President Jacob Zuma. This is the argument advanced by his legal advisor, Barrister Dali Mpofu (SC).
Mr Mpofu argues that Mr Zuma's final sentence will effectively be three months, rather than the 15 months imposed on him by the Constitutional Court in 2021.
Mr Mpofu claims this led to the cancellation of the 12 months Mr Zuma was supposed to have completed.
The Constitutional Court is hearing the IEC's appeal seeking clarity and correct interpretation of Article 47(1)(e) of the Constitution after the Electoral Court ordered Mr Zuma to remain on the MK Party's candidate list. ing.
Mpofu argued in front of the bench.
“But we cannot hope for remission. The effect of remission is said to be a reduction in the sentence. Oxford Dictionary Definition…The Oxford Law Dictionary states that remission is when part of a sentence is revoked. It's very simple. The definition, which is also given in the Oxford Thesaurus, states, among other things, that remission is equivalent to setting aside, reducing or commuting a sentence,” Mpofu argues. .
The MK Party and former president Jacob Zuma have said the Independent Electoral Commission (IEC) has the power to invoke constitutional provisions that disqualify anyone convicted of a crime and sentenced to imprisonment for more than 12 months. He claimed that there was no such thing. Fine option.
Mr Mpofu argued that the commission's invocation of this section would be in breach of the principle of separation of powers, as only Parliament has the power to regulate the membership of the commission.
The Constitutional Court is hearing the IEC's appeal against the Electoral Court's order allowing Mr Zuma to remain on the MK party's candidate list.
Mr Mpofu claims the electoral body acted in excess of its legal powers.
“Does the IEC have the power to enforce Article 47 disqualifying members of Parliament? The answer is nowhere to be found. The power to stand for election lies with all states of the IEC. It is clear from Section 31(a) But the power to qualify or disqualify someone from being elected to public office has nothing to do with the IEC,” Mpofu argues.
Advocate Thembeka Ngukaitobi, who works on behalf of the IEC, argued that the executive branch's ability to commute sentences imposed by courts weakens the judiciary.
Electoral Tribunal judges disagreed on the approach to dismissing an Article 47(1)(e) challenge relating to former President Zuma contesting the next election.
The judgment handed down by Judge Modiba in the Electoral Tribunal agreed with submissions from the MK Party and Zuma that the commutation of sentence would reduce his 15-month sentence to three months.
However, the IEC argues that this is not the correct way to look at the issue, as it looks at the issue retrospectively rather than prospectively.
Mr Ngukaitobi says this only reinforces the disregard for the law.
“The argument that a commutation is viewed as a reduction in a sentence imposed by the judiciary merely undermines the judiciary. In doing so, some important provisions of the Constitution would be threatened.In summary, we find that the Electoral Court's holding that the effect of commutation is to reduce the sentence is fundamental. It is not supported by the text, it is not supported by history, and it is not supported by the purpose of this section,” Nukukaitobi argues.
2024 elections | IEC contests Zuma's eligibility to vote:
