Judges at the Electoral Court sitting in Johannesburg on Monday listened to arguments for and against former president Jacob Zuma’s disqualification from standing for public office.
Representing the uMkhonto Wesizwe (MK) party in the Electoral Court on Monday, Dali Mpofu SC argued that the Electoral Commission of SA (IEC) had no authority to implement section 47 of the Constitution against the party’s Jacob Zuma and disqualify him from standing for public office.
The MK party challenged the interpretation of section 47(1)(e), which sets the conditions under which a convicted citizen may not take public office.
Mpofu argued that Zuma spent only three months in prison after he received a remission of sentence, which rendered his initial sentence of 15 months irrelevant.
“The point of the matter is that the synonyms for remission are forgiveness in the biblical sense, cancellation, extinguishing and set-aside. The legal fact of remission is to reduce a sentence… The President has the power to pardon even the grossest serial killer,” he said.
The IEC had sustained an objection to Zuma’s candidature on the MK party list for the National Assembly because he had a criminal conviction with a sentence exceeding 12 months without the option of a fine.
In 2021, Zuma was convicted of being in contempt of court and sentenced to 15 months’ imprisonment for his refusal to testify…