The Electoral Tribunal has heard that the purpose of Article 47 of the Constitution is to prevent lawbreakers from becoming MPs.
The Electoral Commission (IEC) and former President Jacob Zuma clashed in the Electoral Tribunal over the correct interpretation of the article, effectively disqualifying Zuma from running as a candidate ahead of the May 29 vote. The result was
Mr Zuma sought to appeal the IEC's decision through the Electoral Tribunal. This was an interpretive exercise before the Electoral Tribunal, which was tasked with determining whether Article 47(1)(e) of the Constitution disqualified Mr Zuma from candidacy.
Lawyers representing the former president argued otherwise for several reasons. The defense mainly argued that Zuma had not been convicted through any criminal process and that the exemption granted effectively reduced his sentence from 15 months to three months, falling short of the stipulated threshold of 12 months. It was submitted to the court that there was no such thing. By law.
“The sentence is as follows: The total sentence the applicant is scheduled to serve is 15 months, but 12 months of remission is deducted from this sentence, leaving 3 months in prison. ” Adv Dali Mpofu SC said on his behalf. MK party.
The Constitutional Court found Zuma guilty of contempt of court in 2021 and sentenced him to 15 months in prison. Lawyers representing the IEC argued that the MK party's argument that Zuma was not convicted because he had not gone through criminal proceedings was “patently absurd”.
Furthermore, he emphasized that the focus should be on the purpose of Article 47 of the Constitution regarding members of parliament.
“What the framers of the Constitution are trying to tell us is that serious lawbreakers should not be members of parliament. That is the purpose behind section 47(1)(e) of the Constitution. Yes,” said SC Vice-Chairman Thembeka Ngukaitobi on behalf of the IEC.
He also referred to the effect of suspended sentences, adding that the fact that the court imposed a 15-month sentence simply because the administrative authorities had made the decision did not change.
Judgment was reserved on this matter.
Video: Elections 2024 – MK party suspends IEC court ruling