The Electoral Court made a significant ruling on Tuesday regarding the eligibility of former President Jacob Zuma as a candidate for the Umkhonto we Sizwe party in the upcoming May 29 elections.
The MK party had approached the court to challenge the Independent Electoral Commission’s decision to bar Zuma from contesting for a parliamentary seat. However, the Electoral Court dismissed the objection raised by the IEC.
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Zuma had been disqualified due to a previous conviction in 2021, where he was sentenced to more than 12 months imprisonment for failing to appear before the Zondo Commission.
The IEC’s decision was based on Section 47 of the Constitution, which states that a candidate cannot be elected to parliament or legislature if they have been convicted of a crime and sentenced without an option for a fine.
Interestingly, Zuma’s legal counsel, Advocate Dali Mpofu, argued that President Cyril Ramaphosa’s remission of sentence effectively cancelled his sentence, thus making him eligible to contest the elections.
Mpofu explained that the remission of sentence reduces, deducts, or cancels a portion of the sentence, effectively making it disappear. He emphasized that the legal impact of remission is to cancel or set aside the sentence.
In light of these arguments, the Electoral Court ruled in Zuma’s favour, allowing him to be a candidate for the newly formed MK party.
However, it is important to note that Section 47 of the Constitution stipulates that a candidate can only become eligible again after five years if they have been convicted of a crime and sentenced without an option for a fine.
