IEC-MK Party Matter | Understanding Section 47 of the Constitution: Judge Johann Kriegler

For more on this we speak to Judge Johann Kriegler, former Justice of the Constitutional Court.
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[@mantombimkhwebane335]

Biasnesss of IEC will cost it.

[@junersangweni3126]

Mandela became the president even if he had been in prison😮

[@bongekahabe9656]

It's not the same!

[@user-xf1jx2dy9y]

You are right. Former apartheid President PW Botha who signed the deaths of thousands of black people, refused to appear before Desmond Tutu commission, TRC, calling it circus. Nobody arrested Botha. Nobody made noise. Nobody gave him 15 months.

[@philaniblessingmemela7568]

What's the difference?

[@mdumisenihlophe4001]

​@@bongekahabe9656are going to tell us what's the difference?🤔🤔🤔

[@simphiwentshangase7136]

And people who ask such questions are going to vote. Mandela was convicted by an illegitimate apartheid government not in the new dispensation.

[@EdwardMyeza-eg1nr]

Not all analysts are correct in their analysis some just analyze nonsense they bring emotions in their analysis....

[@picassocube3521]

We as MK members, how we're supposed to accept Election result if IEC is behaving this way?

[@thembinzuza7542]

Wise man. This is law I know and trained to practice. A real judge not anciec.

[@simphiweradebe6932]

Apartheid judge wow he's wise now

[@joanmahlatjie3070]

Bakhona abolikhuluma iciniso, not ngemithi yakakhehlelezi, straight forward Viva macomrade, spirit of Chrise Hani .

[@lalalaphabnb6719]

CULT.

[@reubenmpilombangatha7841]

Is judge Kriegler suggesting that the IEC is mandated to apply section 47 of the constitution..if so did they apply the section to all the candidates who are in all the party lists...if yes where is the proof if not why they only concentrated only in section 47(1)(e)..

[@phumzilemlipha3694]

Problem is everything doesn't go on Mr Zulu is politics

[@thefairobserver97]

It is obvious it is the role of IEC to apply the law with regards to disqualify candidates. All of us apply the law within our work. For example, should the law states ID has to be presented for certain application in an institution, then, that institution has the obligation to request the ID.

[@ThembaMayekiso-vk7us]

He talks from experience as the former justice of the Apex court and one of the 1st batch of justices appointed to the newly formed Constitutional Court in 1995 Feb. Note made on 14/4/2024....others are Justice Tholakele "Thollie" Madala (May His Soul RIP) , Justice Albie Sachs, Justice Ishmael Mohamed (May His Soul RIP), Justice Pius Nkonzo Langa (May His Soul RIP), Justice Authur Chaskalson, later CJ), May His Soul RIP, Justice Kate O'Regan, Justice Richard Goldstone, (May His Soul RIP), Justice Yvone Mokgoro, Justice Ackerman and others i forgot.

[@ndamanekandamanei1965]

Another affirmation of President Ramaphosa's take on this issue, not some clever Terri. The latter has snitched on his own mamaraship each time he comments on this issue.

[@lukashango6524]

This mandala judge should rest in peace already 😮😮

[@thabanizwane9542]

Problem with SABC, you always bring biased thinking people, this former judge is not helping as he's not quoting any law for what he's saying

[@kiabetsoewer3ezerrermcffxf144]

It's obvious if you are privileged like him you won't want a change from the current setup.

[@musajohannessithole8970]

We take these Apartheid administrators seriously. Why are they given the respect they do not deserve. They murdered innocent people. What do they know about democracy.

[@biko8229]

What did you expect from ANC/SABC? ANC is not bothered about justice for apartheid victims, ANC don't even speak about the land these days, our kids are educated yet they sit at home unemployed, doctors march on our streets asking for employment. It's clear what needs to happen on 29 May

[@elizemeissenheimer8345]

What do you understand about democracy

[@musajohannessithole8970]

@@elizemeissenheimer8345 What a foolish question. We ushered in democracy in '94.

[@zerog1037]

Cmon get over it already. At some point you have to actually apply yourself and provide this country with a resource, instead of surviving on others through grants like a rat.

[@user-fr6ge2ss9e]

Remission of sentence does not take away the original sentence

[@alfredchandinga4094]

So suppose the Remission had been given to a person who was on "Death-roll" (just as a scenario); are you saying that indeed the Remission would have an effect of saving the person from being Killed; but according to your interpretation, going forward the person would be considered "Dead" as per the initial Court Sentence? I am very keen to hear how the ConCourt is going to clarify that, because they might just open a can of worms.

[@Nomngcefe]

What it does?

[@bongekahabe9656]

Exactly 💯

[@user-yw8di2nv6m]

Yenzani?

[@xolaneericlolwana7968]

Two or more wrongs can not make a right, however 1+1=2

[@mondisematshana5597]

The judge interview is meaningless. IEC is taking this matter personally in my view, honestly they did not present their cases properly, they fumbled.They will lose credibility

[@alfredchandinga4094]

My bet is that the ConCourt will throw the IEC appeal out on the basis of it being premature and ask them to await reasons from the Electral Court on the Order handed down. The ConCourt may even redirect the IEC to a lower court like the High Court or the SCA, thus drnying them direct access. There is Nothing Urgent about the IEC seeking clarity. The clarity can be given even 2 years post these upcoming elections, UNLESS if the IEC is somehow captured and giving a specific agenda of removing Former President JG Zuma from the ballot; in which case the IEC is basically slaughtering its Independence.

[@thembanimgenu190]

The IEC is very credible I don't have a single doubt in it's ability, however any legal question that arise should be ventilated in the Highest Court in our land ( which the Dutch have it by the way)

[@xolanikhumalo3903]

IEC is going to fail the appeal to the constitution court. Constitutional Court will favor the Mkhonto Wesizwe Party candidates.

[@winstonphethi2824]

What did the former CON Judge say? Is it only me ?

[@Nomngcefe]

The votes remain with the party, remember we don't vote president directly. If you are a real judge, you don't engage in this kinds of interviews

[@wycliffmartins7184]

No this judge must not turn around the truth to say "it is not their right to tell or stop the IEC to decide what must do " no I don't agree with him ,what IEC must do they must worry about elections issues not about who must go to court or before of The Big lair "Zondo " who his pocket full with Ramaphoza's Phala Phala money

[@alfredchandinga4094]

What if the clarity being sought by the IEC, is going to be contained in the Electral Court's reasons for the Order handed down? My guess is that the IEC is either acting from ill-advice or acting Pre-maturely. Why not wait for the Electral Court to furnish their reasons first and then make an Appeal thereafter, if necessary. ● Why direct access to ConCourt? ● Why is the clarification being sought, Urgent?

[@simphiweradebe6932]

Correct

[@nicoliantsolokane455]

You can't come in my house and give me the rules IEC has its own rules

[@lufefekalipa580]

This one must stay home and enjoy his last days with his great grand children. He shouldn't worry about public issues.

[@user-hv7bi4li5i]

😂😂😢😢yageza cder tjuuuuu😅😅

[@bongekahabe9656]

Also Zuma

[@mubarakkarida8849]

😂😂😂😂

[@protasmemela6718]

Why SABC bring judges on a matter that is subjudicare this may have negative impact to court case. Nevertheless IEC is not a objector they should have no interest what so ever in the court ruling because it is within the procedures of objections now what urgent about appeal??what are they going to say about remission part of it other than section 47??

[@buntumemela4261]

The law talks about an offender who is SENTENCED to a term exceeding a year without the option of a fine. Remission doesn't affect the original sentencing even though it can affect the period he spent in prison.

[@protasmemela6718]

What definition of remission?Was that remission not part of the Supreme law which is constitution? Define a sentence in law as Mpofu explained give law quote about it from the constitution itself "ultimate sentence "in this case ultimate sentence was 3months was therefore.This doesn't happen often that's why there's lot confusion.President need to advised correct by legal/ expert about the impact of these decisions be it "parole" and /or "Remission". Here he interfered with "original sentences and is allowed by Supreme law constitution he could have given a wrong option maybe parole was going to correct one to fit your perception.l don't think himself he understood the categories well at a time.

[@bonginkosintuli4560]

What clearly do you seek from another court without going or waiting for the court who pronounced the matter. This does not make any sense.

[@buntumemela4261]

The other court doesn't provide reasons. It can not find lawful reasons to support its decision.

[@bonginkosintuli4560]

@@buntumemela4261 there is no court that does not provide reasons for their rulings, they are jumping the gun... The order was given and reasons to follow, not the first time happening. Why would it shock you now... It's not the "Zuma Law"

[@buntumemela4261]

@@bonginkosintuli4560 it is shocking that they have still not yet provided the reasons. In fact, they cannot find the reasons that align with their ruling that's why it's going to take longer

[@bonginkosintuli4560]

@@buntumemela4261 even so that is nothing out of the ordinary, it always happens within our justice system. Why would it shock you???

[@bonginkosintuli4560]

@@buntumemela4261 what are you talking about... There is no court that gives a judgment without reasons, it may take longer to give Reasons but in due time ayaphuma

[@ValithubaOliphant-qy6ty]

The line of her questioning is biast indeed. The narrative is clear hear

[@bongekahabe9656]

Its loud and clear Madala❤

[@ZKhweziN]

Why did you even bring Justice Kriegler? He has told us nothing honestly.

[@thembinzuza7542]

Bongiwe what do you want the judge to say now? To say illegally thing.

[@Bless1able]

Thank Judge

[@user-ix9sj2sb7t]

Nonsense analysis by this apartheid judge, how can you say some one has right to pronounce her view when she is going to participate in decision making of the same matter, there is still this element of biasnes in our judiciary

[@thickFruitJuice]

The IEC should have waited for the Electoral Court judgment. If not happy with explanations, then proceed to the ConCourt.

[@SakhileNkosi-rq1ff]

Please next time bring ppl who can say something

[@paradoxedelavie2264]

😂😂, this old man looks like he doesn't understand the questions.

[@user-vs7ef8rn9i]

Rest in peace madala 🎉

[@jeromendumo6059]

Nilindele ukuthi lithini lelijaji langobadlululo.

[@syabongsmfeka6720]

bringing this apartheid judge who is a friend of Ramadolar, this is so exhausting, the level of propaganda that is being pushed in this country is insane.

[@bonganithembinkosi1421]

You talking nonsense apartheid judge

[@aphanej]

Oom Piet is just blabbering 😅

[@DavidMudeva]

Bc of one person zuma who undermine the constitution of south Africa, we can't allow him, to defend dat we vote ANC

[@mzilangwenkosi3533]

Kaka leyo

[@cliftonndokweni]

Plz judge 😢

[@siphiweshandu4985]

Sabc why ibiza Labantu abafile

[@joanmahlatjie3070]

Zizokhala manje isincumo seANC kuZuma,No Zuma in Parliament

[@LeeYD2019]

Ziyakhala manje 😂😂😂😂

[@bongekahabe9656]

Ufunani vele eparliament,yini le azoyintshintsha again?

[@ianoverll692]

He speaks as it is

[@siasmoise661]

Is him,Zondo and Ramaphosa public protector not worth to listen to.

[@mzilangwenkosi3533]

Very correct

[@lungelosntuli3127]

Apartheid judges 😂

[@AndrewMcFarlane_1]

Putin bots🤣🤣

[@biko8229]

🎯💯No doubt

[@simphiweradebe6932]

Yes ,but they are given time to speak to us and tell us what to do ey ANC has made sure ukuthi amabhunu are still in power

[@zerog1037]

Why does it matter if he is from an apartheid Era? Lil bro you know nothing about him or his history 😂 thts like me assuming you are uneducated because you're black

[@mondlintshangase1671]

Vote DA save South Africa 👍

[@African739]

Why the media fights Jacob Zuma so hard?????

[@biko8229]

Mr Zuma and Mr Malema will always be fought by the establishment because these 2 leaders have sacrificed it all to fight for land justice and the total liberation of black South Africans.

[@LeeYD2019]

But both of them have been to ANC,

[@biko8229]

@@LeeYD2019 The ANC will never take the land, it is funded by apartheid beneficiaries, Stellenbosch capitalists who continue to benefit from land obtained during colonisation and apartheid. Now in 2024 ANC won't even mention the land hunger affecting millions of black South Africans.

[@biko8229]

@@LeeYD2019 Just check who funds the ANC. ANC has no intention to deliver justice for apartheid victims. They don't even talk about the land these days.

[@bongekahabe9656]

Why Zuma fight Ramaposa so hard?

[@user-zd5ej9jy4u]

Ryte mkhulu hamba uyolala you re too old to come and comment here awusezwakali nakahle yahixiza njenge radio engabambi kahle stashi

[@bongekahabe9656]

What about Zuma 82yrs

[@user-xf1jx2dy9y]

But judge, can you sincerely defend officials like Janet love who acts irrationally? Judge, you also o ow that iec is not independent. Ceo and top executives are appoinyed by the president. Judge, you cannot deny that Zondo os the cause of the present problem.

[@NdumisoZulu-di4dn]

Ay. Elokhu ezoqhaqhazela la lo.

[@simphiweradebe6932]

Bebemsaphi la ezobheda la

[@bongekahabe9656]

OK when uSihle zikalala says lo kuZuma niyamthuka weee nithi uyadelela soyicela ivuthiwe

[@NdumisoZulu-di4dn]

@@bongekahabe9656 isitha sokhokho bethu ngeke kuse kusasa sibe nguMuntu. Lento le izoqhaqhazela lapha nje ngenxa yenzondo ezonda ngayo umuntu omnyama. For more than 3000 years sibulawa odoti laba kodwa wena ucabanga ukuthi lesisilwane singumuntu. Ey mfwethu mani ungalokothi ume nelento eyinja engenabuntu. Buya mfwethu engqondweni sivikele ubuzwe nohlanga lwethu. Singahlakazwa yezilwane zasemanzini.

[@bonginkosintuli4560]

Hawu kodwa umkhulu usezigugele uzikhulumele nokunye nje

[@lehlohonolonzama93]

The IEC must focus on the elections n this matter must b listened to after the elections, it's not urgent.

[@isintu1044]

You went to get old apartheid project to tell us nonses! Sabc you're captured too 😂😂😂😂😂

[@banzimbatha4539]

😂😂😂😂😂 ave nihlupha

[@shaft7891]

Nonsense view I doubt if his view is correct

[@gijimanimoyo-yd3do]

Biased Justice. He can't commit to what the law stipulates.

[@irenenoxolo4311]

Leave this man rest at home don't teouble him. There are young people who can judge this misunderstanding not him

[@walkermakhale310]

Lets not forget that Judge Kriegler is an apartheid judge..

[@SiyabongaKhuzwayo-nl9mx]

Why you invite people who are don’t think , he’s old and irrelevant in this matter , his biased and apartheid judge

[@mandlakhumalo8454]

It is unfortunate that this judge is deliberately miss interpret the law

[@user-gz7cb5ew4p]

Apartheid judge telling us what does and doesn't belong in a democracy😂

[@user-zn7my2yu8j]

He still having an anger of apartheid .

[@mthokozisinxumalo9533]

Yhis fella is talking nonsense. Retired justice or not.

[@lennyphekani]

😅😅

[@nhlanhlakubheka222]

Bingiwe you are journalists and education what difficult to open your dictionary and read what remission means.

[@samkelisiwecarolmlambo8231]

Nxm this nonsense

[@maitsejabu2396]

He is bias this Old man 😂😂😂

[@Tiffany4Jesus1]

Sabc, why bring in an apartheid judge😱

[@mzilangwenkosi3533]

Indeed

[@user-pi6fs7ue7r]

He is judge it has nothing to do with apartheid all want to change the law to suit them so sick of these people thinking they above the law😮

[@LeeYD2019]

Let's respect each others opinions. The problem we facing is this remission plus s/c 47(1)(e) . If analyst can analyse for us, so that we understand. We can see unfairness or fairness. Let's not destroy our country by being personal. We need to be factual irrespective of which party you loyal to

[@LeeYD2019]

😂

[@benetmolefe6543]

He is analyzing nonsense

[@josephndlovu9164]

Just enjoy your pension quietly and stop talking nonsense

[@bongekahabe9656]

Even Zuma must enjoy his pension quietly, is not that so?

[@user-zn7my2yu8j]

Apartheid Judge

[@user-ol6tz3qv2j]

Very biased analysis

[@evafricatech]

Useless interview