2024 Elections | Mpumelelo Zikalala on Zuma's candidacy court case

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2024 Elections | Mpumelelo Zikalala on Zuma's candidacy court case


IEC lawyers have argued that the Electoral Court fundamentally erred when it found that a remission of sentence reduced former President Jacob Zuma’s sentence from 15 to three months.
This was one of the findings of the Electoral Court in April, which upheld Zuma’s appeal against his disqualification, and allowed him to remain on the MK…

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31 Comments

  1. IEC shouldnt behave as if they have more power than the government. They are actually a tool used by the ANC to fight their personal vendetta in order to pull Jacob Zuma down. They are fighting a foolish fight. THEY MUST LEAVE JACOB ZUMA ALONE AND FOCUS ON THEIR OWN DUTIES.

  2. let me say ir in my mother tongue
    Ngizocaphuma umusho wezibongo zesilo esebuzile "uBhejane phima esiqiwini kade bekuvalele" ngakube noMsholozi usho njalo uthi kade iANC imvalele eLuthuli house imsekela ezenzweni ezigwegwile kuze kushaywe oMalema behlohlolozwa bethanqazwa ngaphandle kweparliament ehleka yona iANC iviva ngezibalo zayo eparliament yena iANCiyobusa kuze kubuye uJesu. Uyashesha ukukhohlwa iMsholozi nami ngibuza umbuzo othi yini evimba ukuthi uMsholozi asitshele incaca ukuthi nakhu engangifuna kwenziwe ngomhlaba iANC yathi lutho olubaziwe . Okingenani makasitshele ukuthi nanku umsebenzi engaphuma ngingakawenzi asiyeke. ngalolunangananga lokuthi uzolungisa noma nje asitshele ukuthi umi kuphi ngamaGupta. Bangasho nje abantu ukuthi uZuma umsulwa kodwa selokhu kwathi nhlo uboshelwa amanqina enyathi. Baze bavuse indaba yokudlwengula bethi waboshelwa amanqina enyathi. Umbuzo uthi kwabangani kungathiwa uMandela noma iMbheki wadlwengula impendulo ithi enyathi zibanjwa kweziwudlayo. Uma ungedlulwa siketi koba nje. Km akadeni ugangise okwegundwane uZuma ethembe ukuhhaya umshini wakhe efukuzisa izithutha.

  3. Always a a blessing listening to mpumelelo …unbiased, dont follow media propaganda and always states which law he relies on when his giving an answer.

  4. President PW Botha was called to the Truth & Reconciliation Commission. He refused. He was charged with Contempt of Court at the Magistrate's Court. A trial took place. He adduced evidence, presented his case through his lawyers, and could appeal to higher courts. Botha was never detaited without trial. He was never arrested without trial. He was never convicted with trial. He was never sentenced at all.
    Zuma, a Black liberation leader and former President was convicted by the Highest court unsually and suspiciously sitting as the court of first instance (i.e cases start at Lower courts). Zuma was sentenced without trial. He was given an unusual imprisonment of 16 months for contempt. Remember President Botha never spent a day behind bars. Koos Bekker refused to go to the Zondo Commission. Nothing happened to him because he is White.

  5. As a Lawyer he should read to us the particular Section of the Constitution. There is no part of the Constitution which states the remission changes what the sentense was.

  6. The more this guy comes to SABC the more he becomes stupid! does he mean the Executive has the power of erase sentences of the Judiciary? Does he mean the sentence is than changed in the records? What a stupidity.

  7. ask Zikalala, section 47 -1 c say but no one may be regard as having been sentenced until an appeal against the conviction or sentence has been determined ,court are court there is no special court special judges in our constitution law is one there is no sentence there until the appeal is attended that is not the accuse problem

  8. Surely you are quite right my Chief, the Concord Court is to review sentences, which are appealed by a Magistrates, or High Courts, totally with Msholozi's case they were completely out of their jurisdiction.

    Salute my Chief

  9. Professor Mpumelelo Ziyakhala, one of the most prominent and powerful political analyst in our Country,
    always precisely and prudent analysis from his insightful knowledge.

    Salute

  10. Oh people of South Africa. Your government is working hard to stand with the Palestinian people and stop the war currently taking place in Gaza. This is a beautiful thing. But regarding the war that is taking place in Sudan in general and Darfur in particular, it has a dangerous nature. You do not know what is happening in Darfur. There are tribes that claim Arabism and are the main component of the Rapid Support Forces in proportion. (95%). The Rapid Support Forces and the Janjaweed (Arab tribes) are killing African ethnic groups in Darfur, then forcibly displacing them, raping women and girls, and killing males of African ethnic groups. Now they have been able to control 4 states completely. They are also trying to control the last city in Darfur, El Fasher, which has become a refuge. The last for the African tribes.. Therefore, you, as Africans, must put pressure on the Rapid Support Forces and the Arab tribes allied with them before it is too late, because the African ethnicities are in dire need of standing with them.

  11. This is an attack on Zuma you can't read s471e alone. it start from 1 then the conditions this is how is drafted below and it shows that IEC doesn't have the powers as it clearly states it becomes effective when they are voting for national assembly.

    47. Membership

    1. Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except ­
    e. anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, 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. A disqualification under this paragraph ends five years after the sentence has been completed.

    National Assembly is voted in after the elections not prior. I think it is clear unless everyone tries to interpret this section further than what it does not mean and twist it to be as if it meant National Assembly is voted in before elections. We should never believe that the law is sophisticated than the english that was used above. If it doesn't mean what it says. then you are clouded with issues. National Assembly votes for the 400 members of parliament we no there yet.

  12. Why wasting time with this crook who has already undermined our judicial system?🤔🤔 We won't allow this criminal back into the National Assembly!

  13. Mr. Zikalala should have extrapolated and differentiated between "remission" and "pardoning" of a sentence.

    In my lamen's understanding and from the submissions made in court; a remission merely serves to reduce the effective term/period a convicted person would serve, this however doesn't alter the original conviction term. Whilst a pardon almost cancels/removes the sentence altogether (as though a conviction was never served).

    In conclusion:

    1. A remission in this context does not alter the original sentence of 15months handed down by the Concourt but merely reduced the term/period which Mr. Zuma served.

    2. Section 47 therefore deals with the effective (consequences of the) sentence and not the aspect of how long in actual fact the term was served.

    Therefore I think Mr. Zikalala erred in his analysis here.