The uMkhonto we Sizwe (MK) Party says former President, Jacob Zuma, was imprisoned by the Constitutional Court without being afforded his constitutional rights to a free and fair trial.
This comes as the MK Party heads to the Electoral Court to challenge the Independent Electoral Commission’s (IEC) decision that disqualifies Zuma from standing for public office.
The party last month was notified that the former President could not appear on the MK party’s candidate list due to his previous contempt of court conviction.
The Constitution states that any person who is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine is disqualified from standing for public office.
Zuma was convicted of contempt of court in 2021 for failing to appear before the Zondo Commission investigating State Capture allegations.
The MK party argues that these proceedings can only be described as civil proceedings that merely invoked a criminal sanction which is the 15-month sentence.
Party spokesperson Nhlamulo Ndhlela says, “President Zuma was incarcerated off the back of what would be Section 35 of the Constitution, where you ought to be before a judge and have a fair trial.”
“President Zuma was incarcerated by a constitutional court without having been afforded his constitutional rights to a free trial, so we cannot necessarily label it as a criminal case. All he did was contempt of court and that is not a criminal case. It’s more so a civil matter and the IEC Act refers to a criminal matter,” Nddlela adds.
VIDEO: MK to appeal IEC’s decision barring Zuma from standing as a candidate:
