MK party vs IEC: ‘Zuma was not pardoned, he received a remission’ – Mpofu

Advocate Dali Mpofu on Monday argued that former president Jacob Zuma can contest the election, because he did not serve more than 12 months in jail.

Mpofu was representing the uMkhonto weSizwe (MK) party in its bid to overturn the Electoral Commission of SA’s (IEC) decision to bar Zuma from being one of the party’s candidates to parliament after the 29 May polls.

According to the IEC, Zuma was disqualified on the grounds that he was convicted of an offence and had been sentenced to more than 12 months’ imprisonment without the option of a fine.

Watch: Dali Mpofu on Zuma’s sentence and remission

[WATCH] MK Party's legal counsel Adv. Dali Mpofu argues on Jacob Zuma's conviction and jail time: "Zuma was not pardoned. A pardon is where you forgive a conviction and sentence. Remission is where you only forgive a sentence." #Newzroom405 pic.twitter.com/mJJO7fEhhD

— Newzroom Afrika (@Newzroom405) April 8, 2024

Zuma jail term

The former president was sentenced to a 15-month prison term in 2021 after being found guilty of contempt of court.

During court proceedings in the Electoral Court sitting in Johannesburg, Mpofu argued that Zuma’s sentence was only three months because the former president was granted medical parole and a presidential remission.

Mpofu said that was the reason Zuma went back to court and then left immediately after.

“What we are saying is that if he was pardoned, then this argument would not stand, but the effect of remission has been clearly defined as to cancel the sentence or to set aside the sentence. In this case, the ultimate sentence, as a result of the remission, is three months. Once the sentence is set aside, whether as a result of remission, it is set aside.”

ALSO READ: Mpofu: IEC has no power to rule on Zuma’s exclusion

Scrapping Zuma

Mpofu told the court that it  should not be easy for the IEC to receive “some piece of paper” and remove him from the list.

“This is a very important case in South Africa. We are dealing with a person who fought for this country and we are dealing with the rights of people who may want to vote for the uMkhonto weSizwe Party.

“The rights of the former president and those people are being disenfranchised. The IEC overreached and encroached on the domain of the National Assembly,” Mpofu argued.

Earlier, Mpofu argued argued the IEC has no power to say who could be elected to the National Assembly.

ALSO READ: Zuma could be allowed to contest elections due to Ramaphosa’s pardon