Former president Jacob Zuma. (Gallo Images/Sowetan/Thulani Mbele)
An Electoral Court majority has found that former president Jacob Zuma qualifies for appointment to the National Assembly because the 15-month prison term he received from the Constitutional Court for contempt could not be appealed, therefore it did not qualify as a “sentence”.
Section 47(1)(e) of the Constitution disqualifies anyone who is “convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine … But 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”.
In a ruling that the Electoral Commission of South Africa (IEC) is now seeking to appeal at the Constitutional Court, Judge Dumisani Zondi said “the drafters of the Constitution recognised the fact that a person convicted and sentenced has a right to appeal against their conviction and sentence, upon leave being granted by the trial court or, if refused, on petition to the superior court”.
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