Ruling on Zuma's eligibility to contest polls set for Tuesday
Updated | By Anastasi Mokgobu
The Electoral Court will on Tuesday hand down its ruling on former president Jacob Zuma's eligibility to contest elections.

This comes after the MK party approached the court challenging the Independent Electoral Commission's decision to bar Zuma from contesting for a parliamentary seat.
Zuma was disqualified due to his previous conviction in 2021 where he was sentenced to more than 12 months imprisonment for failing to appear before the Zondo Commission.
The IEC's decision was based on section 47 of the Constitution which stipulates that a candidate cannot be elected to Parliament or Legislature if they have been convicted of a crime and sentenced without an option for a fine.
But the party's legal counsel, Advocate Dali Mpofu, said the remission that Zuma was granted by President Cyril Ramaphosa cancels his sentence, making him a free man to contest elections.
"What is the legal impact of this remesson? it is to reduce, to deduct, to cancel a portion of the sentence and it goes away.
“The effect of remission has been clearly described. In fact, the synonym for remission is to cancel and it even says to set aside. So, in this case, the ultimate sentence as a result of remission and not as a result of an appeal or a review is three months," said Mpofu.
The IEC's legal counsel, Advocte Tembeka Ngcukaitobi, argued the remission was never to undo a sentence imposed.
"What it did is that it rendered that sentence. The president (in this case) brought that completion forward because he was released after three months."
Ngcukaitobi also emphasised that Zuma was found guilty of contempt, which in itself is a crime.
"It is irrelevant that this contempt came through certain processes. What is clear is that Zuma was convicted of a crime.
"People are only convicted of crime, the procedure for the conviction has no bearing on whether they have been convicted. When there has been a declaration that you are guilty of a crime that is a conviction.
"It is declared that Mr Jacob Gedleyihlekisa Zuma is guilty of the crime of contempt. It is irrelevant that that conviction came through a civil process. What is relevant is that Mr Zuma has been found guilty of that crime," said Ngcukaitobi.
On the IEC's powers, Ngcukaitobi told the court that the Electoral Commission has the power to apply Section 47 of the Constitution.
He was responding to an argument by Mpofu, who told the court that the IEC had no authority to exclude Zuma from contesting the upcoming general elections," he said
“It is true that other people will lose their status as the National Assembly, you may be an unrehabilitated insolvent two years after you assumed your position but then the National Assembly will deal with that.
"There is no argument here about the exclusive power of the Electoral Commission.
"The narrow argument, which is that the Commission has the power to uphold objections in terms of Section 47 of the constitution.
"The fact that at a certain stage, a person may lose eligibility, that obviously will be dealt with by the National Assembly but at the electoral stage, the screening is done by the Electoral Commission," Ngcukaitobi said.
ALSO READ

Show's Stories
-
After the party, Mexican agave farmers face tequila hangover
From George Clooney to LeBron James, American celebrities have cashed in...
The Drive with Rob & Roz 15 hours ago -
VIDEO: Woman shocked to find out how her man showers
It's safe to say this video has women around the world questioning their...
The Drive with Rob & Roz 15 hours ago