“Remission altered effect of Zuma’s sentence,” says Electoral Court

The Electoral Court has released reasons for its decision to set aside the IEC’s ban of former president Jacob Zuma from being on the ballot.

Acting Electoral Court Judge, Seena Yacooob, says Zuma’s remission of sentence by the President effectively reduced his 15-month prison term to three months – qualifying him to contest for public office.

Judge Yacooob says while the initial imprisonment term the Constitutional Court imposed on the former president will forever remain factually correct, its legal effect was altered by the remission.

“Put differently, from the date of the remission, the sentence imposed on Mr Zuma was bereft of its legal consequences. It could no longer be enforced on Mr Zuma. The legal consequences are not only limited to the obligation to serve the remainder of the sentence; they include all legal consequences that flow from the sentence that was imposed on him including disqualification from public office in terms of s47(1)(e).”

The court also believes that the sentence was harsh and because it could not be appealed – it put the former president at a disadvantage.

“There was some suggestion that the fact that Mr Zuma was convicted of contempt of court is relevant. It is not. It was perfectly possible for him to have been convicted of contempt and sentenced to three months’ imprisonment without the option of a fine. This would still show a lack of respect for the rule of law that one may not wish for in a lawmaker.

But it would not disqualify that person, because the court which sentenced him did not consider his offence to be serious enough to sentence him for a period longer than twelve months. That is the benchmark set by the Constitution,” the judgment reads.

Zuma Electoral Court Judgement

The IEC had requested the court to give the reasons behind its ruling as the Electoral Commission gears up to challenge the lifting of the ban at the Constitutional Court.

Zuma’s MK Party has until next Tuesday to file its opposing papers to the IEC’s bid.