2024 Elections | Mpumelelo Zikalala on Zuma's candidacy court case

IEC lawyers have argued that the Electoral Court fundamentally erred when it found that a remission of sentence reduced former President Jacob Zuma's sentence from 15 to three months.
This was one of the findings of the Electoral Court in April, which upheld Zuma's appeal against his disqualification, and allowed him to remain on the MK Party's candidate list for the upcoming polls.
The IEC has turned to the Constitutional Court on appeal to clarify the matter by seeking the correct interpretation of Section 47 of the Constitution.
The Commission argues that the apex court needs to overturn the Electoral Court's incorrect order.
Legal Analyst, MpumeleloZikalala joins us for more.
For more news, visit sabcnews.com and #SABCNews on all Social Media platforms.

[@ohlangeni]

President PW Botha was called to the Truth & Reconciliation Commission. He refused. He was charged with Contempt of Court at the Magistrate's Court. A trial took place. He adduced evidence, presented his case through his lawyers, and could appeal to higher courts. Botha was never detaited without trial. He was never arrested without trial. He was never convicted with trial. He was never sentenced at all. Zuma, a Black liberation leader and former President was convicted by the Highest court unsually and suspiciously sitting as the court of first instance (i.e cases start at Lower courts). Zuma was sentenced without trial. He was given an unusual imprisonment of 16 months for contempt. Remember President Botha never spent a day behind bars. Koos Bekker refused to go to the Zondo Commission. Nothing happened to him because he is White.

[@EuniceKubeka]

Abanjani abangena eziseleni? Abamnyama ngoba bengenamali

[@anniemzumara7466]

My favourite legal analyst ❤❤

[@mdladlambe]

The best law analyst Mr Zikalala

[@simphiwebuthelezi5022]

ALWAYS HIS ON POINT AND WITHIN THE CONFINE OF THE LAW

[@rachie4522]

Zikalala always produce clear analysis,you are one of the best

[@normanmkhulisi680]

Professor Mpumelelo Ziyakhala, one of the most prominent and powerful political analyst in our Country, always precisely and prudent analysis from his insightful knowledge. Salute

[@mteshanepatrick4025]

Not Professor, but legal whizz kid who has become the lawyer!

[@normanmkhulisi680]

Oh; of course I'm Mistakenly overwhelmed my his Legal analytical precision, he's definitely one of my favorite prudent legal analysists in Mzansi, he's always on point, unlike others. Salute my Chief.

[@hallaback2010]

Advocate Mpofu asked, where does the IEC derive such an authority or powers? Point us to the legislation that talks to that.

[@gasman9917]

Can I help, all candidates sign a form that says I declare that I qualify in terms of section 30 and section 47. That means the IEC can respond to that should a person or entity raise an objection on same grounds.

[@nhlanhlazondi4845]

​@gasman9917 again... point us to the Legislation not forms, Legislation

[@gasman9917]

@@nhlanhlazondi4845 I think the matter is in the right hands now. Let's not crack our heads too much. This is an urgent matter, soon enough we will know the answer.

[@marieklaaste9699]

Zuma is a crook sentence him his so finished walking on his lastt days he must repent 2 go 2 our FATHER.

[@zenzonxele9509]

@@gasman9917 u mad. They derive the power from the form😂😂

[@YourLocalGreenscreenguy]

Zikalala I love you❤❤❤ I only listern to Zikalala and Moleketsi Mbeki. I love those two men.

[@dannym7593]

😂😂Love them when their comments support Zuma, people have lost their morals.

[@user-yc9ji1hj9y]

They thought they were burying Zuma alive with their emotional judgements, and now chickens are coming home to roost!

[@bonganimncube377]

Did they then vet all the candidates

[@BenjaminMalatji247]

Mr. Zikalala should have extrapolated and differentiated between "remission" and "pardoning" of a sentence. In my lamen's understanding and from the submissions made in court; a remission merely serves to reduce the effective term/period a convicted person would serve, this however doesn't alter the original conviction term. Whilst a pardon almost cancels/removes the sentence altogether (as though a conviction was never served). In conclusion: 1. A remission in this context does not alter the original sentence of 15months handed down by the Concourt but merely reduced the term/period which Mr. Zuma served. 2. Section 47 therefore deals with the effective (consequences of the) sentence and not the aspect of how long in actual fact the term was served. Therefore I think Mr. Zikalala erred in his analysis here.

[@danielogana3972]

I agree with you. In my humble opinion this matter of remission pardon and parole is so basic that they should not have brought it before the ConCourt.

[@Thobani-nd7ye]

Exactly 🎉🎉

[@danielogana3972]

@@Thobani-nd7ye I am withholding my true expression: that a candidate who has no inkling about remission or pardon or probation cannot attend my LLB class. It is said that where there are 2 Lawyers there will be 3 or more views or opinions of which the 3rd is to put it mildly misleading or a lie, the false premise.

[@lindamanamela7998]

IEC shouldnt behave as if they have more power than the government. They are actually a tool used by the ANC to fight their personal vendetta in order to pull Jacob Zuma down. They are fighting a foolish fight. THEY MUST LEAVE JACOB ZUMA ALONE AND FOCUS ON THEIR OWN DUTIES.

[@user-gz9gs9yq1h]

Mpumelelo is one of the few great analysis we have, unlike that woman by the name of Asanda, she would dwell on issues not relevant to the subject.

[@sometimeszangtholakalih1721]

Done ! Lets go and vote MK

[@lindamkhwebane]

Zikalala my man how I wish you can be in Senzo Meyiwa case and Nthabiseng Dubazane

[@EvelynMali]

True me too i wish that

[@similemsimang4222]

KwelikaMeyiwa bangasheshe bamyise kwagoqanyawo.

[@musamagagula9010]

But the truth need to be told Zuma gave south africans the inner part of our constituion, all the things that are happening it helps us to understand

[@Malstar93]

Always a a blessing listening to mpumelelo ...unbiased, dont follow media propaganda and always states which law he relies on when his giving an answer.

[@normanmkhulisi680]

Surely you are quite right my Chief, the Concord Court is to review sentences, which are appealed by a Magistrates, or High Courts, totally with Msholozi's case they were completely out of their jurisdiction. Salute my Chief

[@ernestmbo6756]

It is clear to everyone that Zuma's rights were violated by Zondo, Khampepe as well Concourt.Yena uNgcukayithobi akathetht

[@ernestmbo6756]

Akathethi ngaphandle kwe hatred ku Zuma .Ukhetha uba nomsindo imibuzo akayiphenduli,xa exoxa.He😅

[@nhlanhlasibiya2752]

These people who are interpreting law for us are actually feeding us rubbish. There are some who talk sense but are never invited

[@simphiwebuthelezi5022]

This guy is talking law not his opinion, or am I misunderstood you?

[@lindanisibanda2732]

​@@simphiwebuthelezi5022 you quiet correct

[@ndodangcobo5131]

My layman understanding is that this clause must be reviewed. It is wrong.

[@lufunoaxemulaudzi5004]

What I learn is the ConCourt doesn't have powers to sentence anyone but to + or - the original sentence from magistrate or high court... Amen.

[@gasman9917]

you learned wrong.

[@lgceba6458]

You learned very wrong. The constitution (which is the supreme law of the country) does allow direct access to the ConCourt

[@BenjaminMalatji247]

Go n learn again

[@lufunoaxemulaudzi5004]

@@lgceba6458 I'm still in class cause I have the guys like you.... So why did Zuma sentence start at the end (Apex).

[@lgceba6458]

@@lufunoaxemulaudzi5004 This does not need one to be an expert to understand... Nonetheless, while still in the process of learning then, I suggest that u also learn to use ur brain n not let ur emotions to cloud ur reasoning/judgement...

[@thefairobserver97]

As a Lawyer he should read to us the particular Section of the Constitution. There is no part of the Constitution which states the remission changes what the sentense was.

[@Qotha]

Even the dictionary can assist you with that. Remission simple means cancelation of sentence.

[@sphiwedlamini5592]

Fake lawyer.......go to the dictionary the constitution is to big for you....

[@siphosakhemajola9136]

Do you know a difference between a court and a commission?

[@Nomngcefe]

It's simple, Ramaphosa scored an own goal by remitting Zuma. The judges are clearly not looking on this matter objectively, it's a about protecting their decision. By the way they failed to interpret the constitution by sending someone to jail without trial. If South Africa was a real democratic country like Norway or Denmark, or New Zealand , all these judges would have resigned by now!

[@dannym7593]

Oh now he deserved a trial while he was dodging the courts all the time?

[@Nomngcefe]

@@dannym7593 People violates court orders daily, and they are charged according to CPA. Even in apartheid time nobody was sentenced without trial!

[@ohlangeni]

President PW Botha was called to the Truth & Reconciliation Commission. He refused. He was charged with Contempt of Court at the Magistrate's Court. A trial took place. He adduced evidence, presented his case through his lawyers, and could appeal to higher courts. Botha was never detaited without trial. He was never arrested without trial. He was never convicted with trial. He was never sentenced at all. Zuma, a Black liberation leader and former President was convicted by the Highest court unsually and suspiciously sitting as the court of first instance (i.e cases start at Lower courts). Zuma was sentenced without trial. He was given an unusual imprisonment of 16 months for contempt. Remember President Botha never spent a day behind bars. Koos Bekker refused to go to the Zondo Commission. Nothing happened to him because he is White.

[@dannym7593]

@@Nomngcefe You remember the same Zuma was going around holding meetings across the country and undermining the whole judicial system in the media? A man like that deserved nothing but to face the full wrath of the law. Today he seeks the same courts when it suits him.

[@user-bd2gf9gd3s]

Viva MK , phatha zuma phatha, phambili msholozi phambili

[@vusimuzimkhonza6831]

Bangancemi ngobabancemaje iyasuka silambile siyotamba🎉

[@Mlambo9432]

Was Zikalala working today or watching other lawyers working for their clients?

[@justiscele6806]

To me it's clear, the sentence was reduce therefore it 3 mnts

[@MBReader410]

We all know sad people who always complain about the referee

[@wakusolubinda2536]

Ok

[@karllethu]

ask Zikalala, section 47 -1 c say but no one may be regard as having been sentenced until an appeal against the conviction or sentence has been determined ,court are court there is no special court special judges in our constitution law is one there is no sentence there until the appeal is attended that is not the accuse problem

[@siyabongasithole2772]

Didnt this guy said the appeal court was correct?

[@njabulokhabako5990]

Does that mean the President can remit his friends to make way for them to go to Parliament.

[@NomsaSeetile]

Let Zuma run.

[@Gezuyisemtshali-xi5yl]

let me say ir in my mother tongue Ngizocaphuma umusho wezibongo zesilo esebuzile "uBhejane phima esiqiwini kade bekuvalele" ngakube noMsholozi usho njalo uthi kade iANC imvalele eLuthuli house imsekela ezenzweni ezigwegwile kuze kushaywe oMalema behlohlolozwa bethanqazwa ngaphandle kweparliament ehleka yona iANC iviva ngezibalo zayo eparliament yena iANCiyobusa kuze kubuye uJesu. Uyashesha ukukhohlwa iMsholozi nami ngibuza umbuzo othi yini evimba ukuthi uMsholozi asitshele incaca ukuthi nakhu engangifuna kwenziwe ngomhlaba iANC yathi lutho olubaziwe . Okingenani makasitshele ukuthi nanku umsebenzi engaphuma ngingakawenzi asiyeke. ngalolunangananga lokuthi uzolungisa noma nje asitshele ukuthi umi kuphi ngamaGupta. Bangasho nje abantu ukuthi uZuma umsulwa kodwa selokhu kwathi nhlo uboshelwa amanqina enyathi. Baze bavuse indaba yokudlwengula bethi waboshelwa amanqina enyathi. Umbuzo uthi kwabangani kungathiwa uMandela noma iMbheki wadlwengula impendulo ithi enyathi zibanjwa kweziwudlayo. Uma ungedlulwa siketi koba nje. Km akadeni ugangise okwegundwane uZuma ethembe ukuhhaya umshini wakhe efukuzisa izithutha.

[@UlrikPTA]

Why does SABC still use Mr Zikalala? His analysis always seem so politicised and one sided.

[@mantombimkhwebane335]

Let Zuma run, people will decide. No one can force ANC on the nation.

[@gainingvisionsa]

I really feel like the IEC should have not taken this on agency..... it's not going to be worth it....

[@mvelotshabalala2462]

Yes this case is very complex and needs time

[@xolanimofoka2381]

Is Dali Mpofu trying to rule over an Apex court of law, originally as he resisted on the basis of being hired to defend even if it is unconstitutional?

[@sifisodube4686]

Zuma will lose here he won’t appear on the electoral paper his finished

[@sifisodube4686]

@@xolanimofoka2381don’t worry he won’t win here

[@user-ix9sj2sb7t]

​@@sifisodube4686😅😅 let's see but I am smelling victory for him if you listen carefully to arguments between Judge Theron and IEC's Advocate Ngcukaithobi

[@MineyMulty]

Oh people of South Africa. Your government is working hard to stand with the Palestinian people and stop the war currently taking place in Gaza. This is a beautiful thing. But regarding the war that is taking place in Sudan in general and Darfur in particular, it has a dangerous nature. You do not know what is happening in Darfur. There are tribes that claim Arabism and are the main component of the Rapid Support Forces in proportion. (95%). The Rapid Support Forces and the Janjaweed (Arab tribes) are killing African ethnic groups in Darfur, then forcibly displacing them, raping women and girls, and killing males of African ethnic groups. Now they have been able to control 4 states completely. They are also trying to control the last city in Darfur, El Fasher, which has become a refuge. The last for the African tribes.. Therefore, you, as Africans, must put pressure on the Rapid Support Forces and the Arab tribes allied with them before it is too late, because the African ethnicities are in dire need of standing with them.

[@diatilenthoba8262]

Dali mpofu went to school to fight himself,he always be on the side of law breakers than to protect the law.

[@SocioEconoSync]

So, does it mean the President powers to pardon revise the court sentences Mr Sikalala? What becomes of separation of powers?

[@user-ix9sj2sb7t]

Yes the president is given powers by the constitution to reverse court sentences

[@nhlanhlazondi4845]

President is the HEAD OF STATE, state includes Judiciary, Legislature etc. He is above the Judiciary unfortunately, which is why he can appoint judges

[@treasuretiro40]

Having the power to appoint judges does not mean interfering with their work otherwise that will erode democracy and separation of powers. It is paramount that the judiciary not be infiltrated by anyone. Thus, a rational finding is that the presidential pardon does not have effect on the actual sentence to protect judicial independence.

[@vusimuzimkhonza6831]

Vele bebakwebela kuti angakhoni ukwenzaninzitozakhe .15.asebenzi ngoba bebancolisaje labontanti

[@justiscele6806]

Ibrahim sayed must go back to his native country in peace

[@zenzonxele9509]

Pls don't call Mdidi Manya

[@keabetswetjale7959]

Who?? 🤣🤣🤣🤣🤣

[@normanmkhulisi680]

Since when did you become a political analysist, you go to Varsity to be granted powers to do that.

[@zenzonxele9509]

@@normanmkhulisi680 uthini?

[@Mlambo9432]

Votes dont vote for people but parties. Why are we even busy talking about this. People will be voting for DA EFF and MK and not Malema, Zuma or Stan what what.

[@phumlamazibuko3003]

Kazi ufuna ukuthini😳

[@IvySibanyoni-jr2sg]

Your very confused 😕

[@vusimuzimkhonza6831]

Sabona bahlanziyi ca zikalala uyahlanziyababa 😂

[@thatomkhonto1725]

Zuma he is a old man and he knows that but people wake up his trying to free us,do you know how much Zuma is worth it to Shut him up he can be more reachear than Ramaposa people people wake up and do your own research not Google Google yoh, you guy's peace me off😢

[@PinkyMasondo]

Udakiwe

[@africatshipembe9623]

This is an attack on Zuma you can't read s471e alone. it start from 1 then the conditions this is how is drafted below and it shows that IEC doesn't have the powers as it clearly states it becomes effective when they are voting for national assembly. 47. Membership 1. Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except ­ e. anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed. National Assembly is voted in after the elections not prior. I think it is clear unless everyone tries to interpret this section further than what it does not mean and twist it to be as if it meant National Assembly is voted in before elections. We should never believe that the law is sophisticated than the english that was used above. If it doesn't mean what it says. then you are clouded with issues. National Assembly votes for the 400 members of parliament we no there yet.

[@chrisMchon]

Zuma Putin

[@user-rk7fe6gp1e]

And no Rama akaye phalaphsla avale umlomo ahlale phezu ko.matress onemali yini uthi akuhsmbe u Msholozi ? uhlakaniphe one side njengo mmese

[@dennisndlovu8555]

Zuma the genius

[@benmotsumi5748]

There is one thing to come out with in this whole conundrum ! The IEC is the indipendent body! The contempt of court is a serious offence and doesn't warant any consideration for presidential pardon! The crux of the matter is the nature of the crime committed before anything? How does tge state classify crime? Grosly serious, serious, minor or petty crime etc! These are issues that could have been considered before now! It is regretable to say that the opportunity has been offered to zuma to take full advantage of the laxity of the South African law. Dali Mpofu is not a Supreme judge, he is accorded that position by leaving him to address the presiding judge anyhow he want! Why is he left to say a point raised in a proceedings is irrelevant! That is disrespectful and i feel he should have been rebuked or called to order as a result!

[@senzomemela1311]

Your feelings and law...oil and water...

[@benmotsumi5748]

 i exatly know what you're trying to say! You're making an analogy of sedimentation rate! My feelings and the law don't mix! Which is my feeling? Water or oil? Because the two don't mix! Oil settles at the bottom for its particles are thick and those of water are thin and permiable! ! Now my response to that! So is everyone ! You included! Everyone elses’ s opiniin is oil and water! Constitutional law is not a sentimental thing! When discussing matters if this nature, you don't seek leverage over others ! You discuss them as purely constitutional. Nothing more and nothing less! Why mpofu is saying zuma is the only person in South Africa to be treated this way since 1994?? Post apartheid or whatever! This is purely infuriating! Anoying and belittling the law by diminishing it disagreegating it to individual matters! Why should the mechanism of the law allow the marienda rights in each and every case? All people will keep quite and there wont be any convictions! Why mpofu is saying zuma should be allowed to exercise his right to be silent! When you do such thing and more so when it is imperative to answer and you have been the head of state ! Like zuma was, you should know better that it resemble contemptuous behavior ! He zuma should know better than us citizens..

[@BJamnes29]

Why Zuma refused to respond is clear, he should have been taken to a lower court not the ConCourt and he k ew very well that Zondo was breaking the law and the ConCourt Judges shouldn't have even entertained the matter, so since they did, he was saying let justice prevail. I will remain silent because he knew Zondo Commission was being used for political witch hunt and when did it become a Court.

[@JeremyKoning-ls3rc]

Was Zuma subject to any paroll conditions conditions?

[@slieafrica]

No

[@normanmkhulisi680]

Hey need prudent analysis not your blunted and hatred theories, go to School and spend time with books.

[@user-hn3ve5bu4o]

Zuma is like a mosquito

[@EbrahimOmarSayed-ex1qt]

Is this really news, tell Zuma to stay in Nkandla and shut up or go to Jail😅

[@amandamzobe8057]

Futsek

[@SIBUSISOXULU-vk9po]

Fusegi settler

[@sikhondebele8920]

Ngiyoze nihlanze igazi shame. Kuthiwa nabamzondayo bayoze bamthande u Zuma.

[@user-fe2bg9nf5g]

Nonsense

[@EbrahimOmarSayed-ex1qt]

@@SIBUSISOXULU-vk9po This country doesn't belong to you slaves Yammow

[@picassocube3521]

Why is the president given power to remission or to pardon if his role lesser that that of a Concourt? Look at the IEC, is it still represent that individual who raise the point that Zuma is not qualified or they are still seeking for an advice!

[@oupanyama2653]

Zuma Gupta must go back two jail

[@sbusisomashaba]

Silima

[@dumisanikhumalo268]

And Ramaphosa too

[@dannym7593]

​@@sbusisomashabaAnd lock all his supporters too😂😂

[@dannym7593]

​@@dumisanikhumalo268You know that won't happen. 🐃 is too strong for you people. You can't compare him with that Zulu, stupid old fool.

[@user-cp3be3jv4x]

Stupid tell your Ramadollar