CAN Mzansi see the return of Jacob Zuma as the president in the near future?
This is the debate that has been raging on social media.
At the crux of the debate is whether his criminal record could prevent him from making a comeback, and, or that the constitution is clear that a person can serve only two terms as president of the republic should his party, uMkhonto Wesizwe (MK) win the 2024 elections.
Zuma has a criminal record and he has served two terms as Mzansi’s president which is the maximum time as prescribed in the constitution.
So, what recourse does he have?
According to Patriotic Alliance leader Gayton McKenzie, a convicted criminal himself, Zuma simply can appoint someone to act as president as that person can pardon Zuma.
He said on X: “President Zuma can appoint an acting president for one day and that person can give him a Presidential pardon. This is not a crisis for MK.”
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He qualified his statement by saying the former president has been out of jail for 22 years, and you get disqualified if you haven’t reached the five-year mark.
Ivyn Sambo pointed out two reasons to McKenzie why Zuma can't be president.
“Zuma can't be president for two reasons: 1) He has reached his term limit as per s88(1). 2) Zuma cannot be a member of Parliament because the Constitution disqualifies anyone convicted and sentenced for more than 12 months (Zuma was sentenced for 15 months) as per s47(1)(e) and s86(1)."
Section 47 of the Constitution further supports this argument, stating that anyone convicted of an offence and sentenced to more than 12 months without the option of a fine is ineligible to be a member of the National Assembly.
The Independent Electoral Commission (IEC) has already put this matter to bed, quoting the above section.
“Therefore, this provision renders former president JG Zuma disqualified to be on the list of any party contesting an election or to contest as an independent in the upcoming 2024 elections,” the IEC told Daily News on Tuesday.
