Zuma’s remission of sentence not a presidential pardon: Analyst
A political analyst says the remission of sentence granted to former president Jacob Zuma in August last year did not equate to a presidential pardon.
This comes as Zuma’s legal team is expected to use the remission of sentence as the argument to challenge the Independent Electoral Commission’s decision to prevent him from contesting for a parliamentary seat.
The former president is candidate number one on the list of the uMkhonto weSizwe party ahead of the May elections.
However, Section 47 of the constitution states that a candidate cannot be elected to Parliament or legislature if convicted of a crime and sentenced without an option for a fine.
The candidate can only become eligible again after five years.
Zuma was jailed in 2021 for defying a Constitutional Court order forcing him to appear before the Commission of Inquiry into state capture.
He was released from the Estcourt Correctional Centre on medical parole around three months into his sentence.
The Electoral Court will hear Zuma’s appeal on Monday after the IEC upheld an objection against him.
“It was not a presidential pardon,” said political analyst Professor Dirk Kotzé.
“It was a presidential remission for a non-violent person who had been in jail and was, therefore, an immediate release for them without any other legal implications; for example, it does not affect their criminal record.
“This will become, therefore, a matter of interpretation. The category that President Ramaphosa used in this particular case is very clear: that is in remission in terms of Section 84 of the constitution and not a presidential pardon. That will make it very difficult for the legal team of President Zuma if this becomes clarified to continue that he is not disqualified by the constitution as a potential member of Parliament or as a candidate in this election.”
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