Court set to issue order in MK party vs IEC case on Tuesday

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The Electoral Court is expected to issue an electronic ruling on Tuesday afternoon in the uMkhonto we Sizwe (MK) party’s case against the Electoral Commission (IEC).

The IEC had sustained an objection to former president Jacob Zuma’s candidature on the MK party’s list for the National Assembly because he was convicted of being in contempt of court and sentenced to 15 months imprisonment in 2021.

This after he refused to testify before the Zondo Commission. Zuma was later released on medical parole.

The commission’s legal representative Advocate Tembeka Ngcukaitobi argued on Monday that the remission did not change the Constitutional Court’s original sentence.

“The remission never changed the sentence. It never said you are no longer sentenced to 15 months, you are now sentenced to three. It simply determined the period of the release and the executive has the… To do that.”

“The executive cannot say the courts did not say you are sentenced to 15 months. The executive can say we are forgiving you and therefore you are released, and you can go home. When you look at section 47(1)(e), that section is about what was the sentence that was imposed by the court?”