Concourt should avoid ‘absurdity’ of ‘serious offender’ Zuma standing for office — Corruption Watch

Corruption Watch, the Ahmed Kathrada Foundation and Council for Advance of the South African Constitution have supported the Independent Electoral Commission’s assertion that the Constitution disqualifies former President Jacob Zuma from being elected to the National Assembly.

It adds that “no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.” Former president Jacob Zuma waves at a rally during the ANC and MK party court case about the MK party trademark heard at Durban High Court on 27 March, 2024, in Durban. Du Plessis said if Zuma was allowed to stand for a National Assembly position, it would create “an absurdity”.

Ferriera added that the “ineligibility to stand for election to the National Assembly is a very serious ineligibility”. He referred to reports on the drafting process from 1995, saying they showed the rationale of the drafters. “My concern is that we must apply the law equally and the same in every matter. All principles, principles of interpretation as well should be the same,” she said.“The text says sentence, it does not say sentence served. Whatever the president does about the remission, he can never sentence,” he said.Advocate Dali Mpofu, representing Zuma, raised several points of argument, including that the contempt of court conviction was not an ordinary conviction.

“That’s the job of the National Assembly. If you do something there and they want to kick you out even just for the day, they will kick you out for the day. But if they want to kick you out for life, because you fall under 47 e, they’ll kick you out for life,” Mpofu said.

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