Jacob Zuma in back on center stage after the Electoral Court has reversed the decision of the Independent Electoral Commission [IEC] to disqualify him from being a candidate in South Africa’s national election in May because he was handed a 15-month jail sentence for contempt of court. Ramaphosa’s remission of Zuma’s jail sentence has ‘reduced’ the sentence to less than 12-months according to the court. So, Ramaphosa has scored an own goal. Why did he not learn his lesson from President Mbeki’s ‘get out of jail card’ handed to Zuma when he was Vice President and not criminally charged?
REMISSION
What is this remission thing everyone is talking about? Some learned online scholars opined thus:
A remission of sentence is granted to “low-risk” offenders, probationers, parolees and day parolees, irrespective of their crimes.
Remission is the complete ending of a sentence before the full term of your sentence has been completed. If you are in prison and part of your sentence is remitted (reduced), your record is accordingly adjusted [maybe not?!].
How can one apply for reduction of sentence? A sentence can only be reduced by a court. The person must apply for leave to appeal. THE ONLY OTHER OPTION to ‘reduce’ a sentence is when the President uses his powers in terms of section 84(2)(j) of the Constitution, which President Ramaphosa has done.
Gerard Snow, a South African who has fought for individuals, for communities and for justice with relentless energy at least since 1994, says the Electoral Court’s judgement in favour of Zuma is highly questionable for the following reasons [he wrote this before the ConCourt challenge about which I will say more later hereunder].
(1) Amnesty given by a President does not reduce the term of sentence imposed by a court.
(2) It reduces the time to be served of that sentence.
(3) This matter should be appealed as it sets a bad precedent.
Someone showed some insight on X …
Vibe Shift in South Africa.
1) Zuma will be in the ballot, completely fucking ANC in KZN.
2) MK is eating ANC and EFF votes.
Harold Macmillan, a former British Prime Minister, response to a journalist when asked what is most likely to blow governments off course, had this brilliant answer: “Events, my dear man, events.” And so it was this week in South Africa – the Zuma event that should keep the governing party awake at night.
But, then again, another famous British Prime Minister, Harold Wilson coined this famous maxim; “A week is a long time in politics.” And so it has proved to be case in South Africa this week. I welcomed the Electoral Court’s ruling that Zuma is eligible to stand because his party will take at least 10% support from the ANC – ‘completely f*cking the ANC’ as Roman Cabanac wrote on X. Also it will help give democracy more oxygen.
But before the week was out, the IEC has approached the Constitutional Court on an urgent basis, to hear its application to have the decision of the Electoral Court overturned. In its founding affidavit it provides clarity for its reason to do so;
"It [should be] declared that Mr Zuma was convicted of an offence and sentenced to more than 12 months' imprisonment for purposes of Section 47(1)(e) of the Constitution and is accordingly, not eligible to be a member of and not qualified to stand for election to the National Assembly until five years has elapsed since the completion of his sentence."
The matter is therefore not settled and I think it is very important that the Constitutional Court rules on the interpretation here, and whether the remission granted by the current President has the result in law that former President Zuma has a sentence conviction on his record of less than 12 months.
A famous economist had an observation that is true for both the former President and the current President of South Africa, and also for their respective parties:
“If you put the federal government in charge of the Sahara Desert, in 5 years there’d be a shortage of sand” – Milton Friedman | American economist and Nobel Prize winner.
We are left with a shortage of sand, so to speak, but Zuma’s participation in this election opens a host of possibilities, most notably that he will make his final contribution – and at last one of value; the dethroning of the ANC, providing a real opportunity to jump-start THE NEW SOUTH AFRICA 2.0
Let us make this election our celebration of democracy and not their funeral procession for it. It is in our hands, and We The People has the final say.