Some legal fundis rubbish MK Party's view that Section 47 of Constitution does not apply to Zuma
The provision bars any person who has been sentenced to more than 12 months in prison from becoming a member of the National Assembly.
Former President Jacob Zuma addresses members of the media under the banner of new party uMkhontho We Sizwe on 16 December 2023. Picture: Kayleen Morgan/Eyewitness News
JOHANNESBURG - Some legal analysts have rubbished uMkhonto weSizwe (MK) Party's argument that Section 47 of the Constitution does not apply to Jacob Zuma.
The provision bars any person who has been sentenced to more than 12 months in prison from becoming a member of the National Assembly.
In 2021, Zuma was sentenced to 15 months in prison for contempt of court.
However, he only served two months behind bars after being granted a special remission by the Department of Correctional Services.
In its papers to the Electoral Court, the MK Party argues that the Electoral Commission of South Africa (IEC) did not take into account Zuma’s remission when it disqualified him as a candidate.
READ: MK Party says it wants Zuma in Parliament, even if it means changing the Constitution
Procedural law lecturer at the University of Pretoria Llewelyn Curlewis said prison time served has no impact on the original sentencing period.
“I think that’s a fatal misunderstanding of the correct legal position. The fact that you get remission or medical parole does not mean the sentence in its original sense doesn’t exist. That is the result of other interventions but it does not take away the original sentence... ”
Law professor at the University of KwaZulu-Natal Karthy Govender echoed a similar sentiment, saying he would be surprised if the MK Party's argument succeeds.
“The critical time is at the sentencing, thereafter you have to ask yourself whether the sentence was upset on appeal. In this instance that didn’t occur, and the last question you should ask yourself as I understand the question - has five years elapsed since the sentencing?
“If five years have not elapsed, then in terms of paragraph (e) in terms of Section 47(1), you can understand the reasoning of the IEC that he is not eligible to be a member of the National Assembly.”
The Electoral Court is yet to announce a date for when it will hear the MK Party's appeal on Zuma’s candidature.