Former President Jacob Zuma’s lawyers argue that the Former President was not convicted of a crime, but for contempt of court which equates to a civil offence. Image: DZumaSambudla
‘Zuma not convicted of a crime, he should stand,’ argues ex-president’s lawyer
Former President Jacob Zuma’s lawyers argue that Zuma was not convicted of a crime but a civil offence therefore he should stand.
Former President Jacob Zuma’s lawyers argue that the Former President was not convicted of a crime, but for contempt of court which equates to a civil offence. Image: DZumaSambudla
The lawyers of former President, Jacob Zuma, say that Zuma was not convicted of a crime, but for contempt of court which equates to a civil offence, therefore he should be allowed to contest the upcoming elections.
They also said that Zuma was not given the option to appeal his 15-month sentence and the subsequent remission of his sentence was not taken into account.
‘A CASE OF PUTTING THE CART BEFORE HORSE’
“The Act the IEC Act exists off the back of the Constitution. So, effectively, what that means is that they must draw any decisions that they make off the back of a court outcome of which, in this case we would like to believe is making us raise eyebrows about the IEC’s posture,” says Nhlamulo Ndlela, the spokesperson for the uMkhonto weSizwe (MK) Party.
“Because what it seems is them having put the cart before the horse in announcing that President Zuma cannot participate in our parliamentary list in parliament. How is that so when they themselves announce that they will take guidance from the courts? We haven’t been to court to deal with this appeal in the first place,” he said.
Ndlela told SABC News that the party believed that it has a solid basis to challenge the decision to bar its leader from running as a candidate in the 29 May elections.
IEC UPHOLDS OBJECTION AGAINST ZUMA
Last week, the IEC upheld an objection against Zuma on the basis of his eligibility to stand for public office since he was sentenced to 15 months in prison for contempt of court in June 2021.
Zuma was nominated by his newly formed MK party as its No 1 candidate to the National Assembly despite him having a criminal record.
IEC Chairperson Mosotho Moepya says that the Electoral Commission followed the Constitutional letter in its decision to remove Former President Jacob Zuma from the MK party list.
‘NOTHING IS GOING TO STOP ZUMA,’ SAYS MUSA MKHIZE
Moepya said the law stipulates that any person convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine is disqualified from standing for elections.
The criminal record stems from a 15-month prison sentence handed to him by the Constitutional Court after a contempt of court conviction in 2021.
“There is nothing that is going to stop President Zuma, as far as we stand in all aspects, but of course, what we need to do is follow what is prescribed by the Electoral Court,” Musa Mkhize, the MK Party’s Head of Elections.
