Jacob Zuma vs IEC: ConCourt hearing preview | MK Party List, parliament, prison sentence & remission
In today’s episode, Dr Sizwe Mpofu-Walsh previews the Constitutional Court hearing scheduled for today about whether Former President Jacob Zuma should be allowed to be on the MK Party List for Parliament this election.
📚 Today’s Episode Features:
1. ConCourt hearing preview
2. Case background
3. Legal & political implications
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_______
00:00:00 - Introduction
00:02:04 - Case background
00:19:55 - Political implications
_______
Credits:
Director: Bongani Nkosi
Producer: Oratile Kekana
Production Manager: Noluthando Mkhize
DOP and Editor: Bongani Nkosi
2nd camera operator and assistant editor: Lesego Kgobe
Photographer: Bongani Nkosi
Social Media Manager: Oratile Kekana
About me: Dr Sizwe Mpofu-Walsh is an author, scholar and founder of the Sizwe Mpofu-Walsh Xperience (SMWX), a digital, youth-centred current affairs platform. He holds a DPhil in International Relations from the University of Oxford and is a Lecturer in International Relations at Wits.
Пікірлер: 208
We appreciate Mr mpofu, you are the only journalist we can relay to anytime. Syabonga kakhulu
Well done Dr Mpofu for this analysis
Dr Sizwe Mpofu-Walsh is brilliant!
I doubt that Mr Zuma will go to parliament to play opposition politics. I might be wrong but I don't see it happening.
@mphomofokeng1837
Ай бұрын
I do agree but according to me Zuma does not want to go to parliament but wants to deal with ANC and dedicate the future of this country being at home.
@musajohannessithole8970
Ай бұрын
You obviously don't know, not only him but, SAn masses.
Here before 100k. There's indeed no better place to be to understand SA politics 👌.
My take: A president should not have powers to make a sinner into a saint... While, in this case, our laws might actually allow for that, it is absurd that a convict who has gone through a full rehabilitation process would still need to wait 5 years till he can be eligible to run for office. However, at the stroke of a presidential pen, the same person could be effectively rendered "not that guilty". If that is what our law makers intended, I give up. I rest my case.
Powerful stuff Dr Mpofu Walsh. Keep going.
Thanks for the clarification and this will open many people eyes the history of JZ ❤
From a non-legal background this is simplified to my understanding. Good stuff Doc 🎉
Well articulated DR SIZWE MPOFU-WALSH. #AYEYE!
You are brilliant Sizwe❤
Please invite judge Hlope and it would be interesting to hear his views on Western Cape judicial capture & how it plays into pressures to annex the Western Cape…campaign bias to do so…& how transforming the judiciary obstructs that campaign…
Couldn’t ask for a better analysis.We appreciate the content 🙌
Dr. SMWX.. I didn't know you and Late AKA used to be a duo back then in early 2000's. Awesome stuff..
I had an idea but I now I totally understand. Thank you DR. SM-W.
Law explained in simple terms thank you Dr. Mpofu
Just subscribed. Great Work Dr!!!!
@_SMWX
Ай бұрын
Thanks for the sub!
Brilliant and sober analysis.
When the Devil and his angels have been cursed no one can change that.
Keep going brother Sizwe, you are very powerful
@_SMWX
Ай бұрын
Thank you, I will
Excellent exposition.
Why all the politics ensures taken to court,what is the use of parliament
Thanks for explaining this.
What about in the case of Gayton Mckenzie and Kenny Kunene? They were both imprisoned but are now holding public office, does this law not apply to them?
@SpotonwithTP-qz6wq
Ай бұрын
It only applies within a period of five years or so it's not for life.
Ave uhlakaniphile mfan wami! Jo! Well done on such a clear analysis on matters at hand.
Ayeye Sizwe ❤❤
Thanks for unpacking the case, well articulated for a lay person, thought provoking for all backdrops that you presented.
We are proud of Sir. Keep it up updating us.
Thank you Dr. for this intellectual,objective ,educational description of the prevailing scenario.It gives one an objective understanding of the intricacy of the subject matter at hand.
Sizwe. For some strange reason our judiciary believe that it is the highest authority of execuive and legislature. More particularly that a court order of the SCA or CC cannot be interfered with. Our constitution allows the president to to do so. The CC can only check if the president acted constitutionally. Alternatively determine if the law allowing remission is unconstitutional. If the CC finds that the president does have the power to grant remission then they must find that the remission alters the sentence. The CC is not above any of the three branches. Well see if our CC can be humble Anonymous
Great episode as always👌🏿👌🏿👌🏿 I would like to add that important point that people tend to overlook is that Separation of Powers also goes hand in hand with Checks and Balances. In this regard, the power conferred to the President also acts as a mechanism of Checks and Balance to guard against Judicial Supremacy
A SIN IS A SIN IS A SIN BIBLICALLY. EVEN AMONGST SINS, THERE IS A SIN OF 'COMMISSION' AND A SIN OF 'OMMISSION'. WHICH ONE IS IT IN THIS CASE? WHY WAS RECUSAL REFUSED IN THE FIRST DECISIVE CASE? WHAT ABOUT THE NATURE OF A CRIME?
I can't wait to listen to a informative person 🤝🏽👑
Great analysis Sizwe🙌
Waiting
Spread the fire #RoadTo100K
@_SMWX
Ай бұрын
Ayeye! 🔥
Thanks Dr Sizwe for giving such an extensive explanation
@_SMWX
Ай бұрын
Thanks for watching!
Now all parties want President only to fill the bank account in another country they know South Africa 🇿🇦 is a huge amount of work
Wow just feel like i am a lawyer right now❤❤👏👏🙂, everything is very clear. The electoral court had just opened a can of worms regarding (Conviction, Sentencing and Appeal) which centers around substantive and procedural fairness of the entire justice Khampempe sentencing of Msholozi. Whatever the outcome people will talk about Msholozi, Mpofu, Skhakhane combination for many years to come🙂.
It is not by might nor by Power but by the Spirit of the Almighty God that the Victory is obtained. To God be the Glory. Let God's enemies be scattered right now. Thank you Lord!❤🙌🙌🙌
Enlightening Doc
By the look of things, there's a generally corrupt relationship between Ramaphosa and Zondo
Just subscribed. #Ayeye
@_SMWX
Ай бұрын
Thanks! 🚀🔥
monologue-- what happened no guest-- talking to an audience of ONE
Sizwe my question what's the difference between remission and parole.
Contempt of court is a serious offense, and it can result in severe consequences. For instance, in January 2021, the Supreme Court of Sri Lanka found Ranjan Ramanayake guilty of contempt of court and sentenced him to four years of rigorous imprisonment3. It’s essential for politicians and public officials to respect the judiciary and uphold the rule of law to maintain public trust and confidence in the democratic process
@Professor_Stark
Ай бұрын
Contempt of court is indeed a serious issue, but it's crucial to ensure a balance is maintained with freedom of expression. Public criticism, even of the judiciary, can be an essential part of a functioning democracy. This emphasizes the importance of both principles and the need to find equilibrium between them.
@cishilezokukhwabanisa755
Ай бұрын
@@Professor_Stark I agree. However the criticism needs to be factual and constructive. This looks like a mere frustrating of the process.
Wow.. U have painted a clear picture Sizwe... Amazing. Let the games begin 🎉
HELLS BELLS, MORE OF ZUMA, NO NO NO!
Who's interest is IEC serving now?
Rolindela 😮
Please adjust your volume kindly, Sir.
Thank you for this technical breakdown, Sizwe. For the record, I hate the legal system in SA. It focuses too much on technicalities and not true justice, and what's most important for society.
@Thatsong-fr9nq
Ай бұрын
Well the people bring technicalities to court
@sammakwela
Ай бұрын
I agree there
@RubaJust
Ай бұрын
Pen, when has any legal system focused on justice???
@WandileMazibuko
Ай бұрын
But the technicalities are in pursuit of justice.
All are comedians in Parliament. One more wouldn’t make any difference. But I vote MKP. I like the bugger.
Ayeye Smwx ❤️. Plz try and be more consistent in terms of content , the shows are so nice that we want content every day . Yes I knw you are busy however I would appreciate if u can get that right atleast until the run up of election is over
@_SMWX
Ай бұрын
Stay tuned! 🔥 We have dropped, on average, an episode a day in the last week! 💪🏽
@thandomcoteli6177
Ай бұрын
@@_SMWX that is fantastic 💯💯💯excuse me for being so eager to watch your shows , they are so educational, intriguing and one that I wouldn’t like to miss . Thank you for this beautiful and rich heritage that you have blessed us with . Spread the fire 🔥 but don’t burn the flag 😂😂.
but Vusi PA leader was also arrest but no one is challenging it
I like the way you respect President Zuma when ever you talk about him.
@Constance-dm8hr
Ай бұрын
Sizwe is respectful, he shows respect to everyone one he talks to and about. He doesn't only respect Zuma!
Malcolm was X You just blended. Court - "Cott"
Indeed this is a fascinating case, I listened to both arguments earlier and again now. My Qn to the IEC legal team is, does the presidential powers have no effect on APEX court decisions? Why does he even have these powers in the first place if he can't enforce them?
This clarifies a lot of the political and court issues. It still beats me why such an old person with serious health problems would even be campaigning in South Africa's political landscape 🤔. JZ's health should be on top of his priority list, and rather spend his golden years at Nkandla and his extended family and friends👍
JUDGE PILLA'S RECUSAL SETS A PRECEDENCE WHICH RAISES A QUESTION ON WHY THE OTHER JUDGES DO NOT FOLLOW SUITE.
Thank you so much for this information.
Good analysis, Sizwe. Keep it up!
As always, top breaking down Sizwe.
All the reasons why the justice system should review itself. It has failed the country on many occasions. The beauty is should the county submerge, we all go with it including the judges
ItS first time i saw adv thembeka just failed to convince the court. Adv Mpofu amandla
To me all this fight was not necessary but the question is: Sending a 81 year old to stand for the Party is it healthy? We want to see our young leaders than the Pensioners in Parliament, to me MKP doesn't have future view in pushing the Country to a more better respected Platform!!!
❤❤❤
Wow... well analyzed Doctor!!
Sizwe this brings a very important thing that I have been saying for years. We need "A Post Presidential Act" Its Gambit being to protect former Presidents from adverse prosecutions and despotism.This Gallery is an important one. Its the go to Act after one's Presidency.It will bring political stability in a country, particulary in Africa. All presidents are prone to suffer this demise, which is not a problem in itself if it underscores the debate but where there is a punitive prosecutorial justice system its absence becomes a problem.It then becomes a dangerous lever of power which exposes the application of the law and the extent to which it is universally or selectively applied.This is gobsmacking because it pits the two in the public galley of politics in a rather adverse manner.
Well put Dr. Walsh. Let the ConCourt Rule on the intricate details of the Review. And all partes to the matter should honour the wisdom “Asie kubali kushindwa simshindani”* when the Ruling is made**. **The bane of President Trump’s stand after the 2020 elections in which he clearly lost. After which President Trump has bored the whole world with his Stalingrad strategy in quest for the POTUS. *Swahili idiom.
I saw you there during the hearing bro, now waiting on your reaction video.
Your father is my dawg in law😂. It's true the fruit always falls close to the tree. Like father like son❤😅
Thanks
This laws hve been laying in books and umntwana kamamzobe wafika wayivivinya yonke ebibekwe njengemigonqo enyathukweni yakhe Who else could it be if not Zuma him Lawyers are already salivating about this developments
What needs clarification Sizwe, criteria,ethics, character, cut off period, taking age and any criminal record against, the candidates entrance into any elections. Questioning the integrity IEC or even the judicial of our country. Thank you Sizwe for such pertinent debates yve presented on this show. Great spiritedness dear.
Good journalism
The sound is far too low Sizwe
The committed crime do not disappear due to remission, but give less pain of crime committed, than to say the crime of15 months is nomore of 15 months
God is in control!❤ Sometimes it's just good to keep quiet. Viva MK Viva!✊️
Sabc and enca went straight to other stories after concours break. These two WMC broadcasters could stomach total destruction of Dali Moody to US dollar concourt
Zuma did not want to appear before Zondo because of their previous relationship, Zondo claimed on affidavit that they only met on official duty. At the Chief Justice interviews Zondo confirmed that they met in Zuma's hotel which cannot be reconciled to official duties indicates that Zuma's refusal to appear before Zondo was justified and Zondo's submission to Constitutional Court excluded key facts.
@BuyaniShezi-ek6ly
Ай бұрын
That gorilla lied
Please do an episode on the DA ad! Thank you!
Intelligent Sizwe the research on the Shri Lankan and Zumas saga.Yve created an awareness with your audience. Brilliant youve captured your audience intelligently. Great insight and direction in your show. LOVE THIS ❤️
Should we be comfortable with a political strategy which pivots on undermining trust in key pillars of the constitutional democratic state?
Mahle mkhuluwa🙏
@user-bq7fs4ek6w
Ай бұрын
Moo
Ayeye❤
Judge Daya Pillay recused hereself because she does not to get involved in zumas ignorance and your fathers blabbering ! she has had enough of dealing with ignorance
@innocentngcobo6072
Ай бұрын
What a blabbering statement....she doesn't want to get involved in zuma's ignorance? she told you that? Is zuma ignorant? 😂😂😂
@amm7088
Ай бұрын
@@innocentngcobo6072 i am being kind by calling him ignorant ! he is a disgrace to the human race !!What the hell has done other run , run , away from the law . the evidence of not entering a classroom and becoming the president. ! This can only happen in Africa
I think YOU should consider entering politics!
XCELLENT ANALYSIS AS USUAL
Indeed! We appreciate You Dr Mpofu, you are the only Analyst we can rely on. Reyaleboha!
After listening from you sir... there's hope in Zuma's case the problem is the involvement of ZANU-PF
Remember that the judgement was a declaration by the APEX Court not necessarily a conviction neither a plea of guilt they gave Zuma no choice at all what makes it worse is the fact that Zuma did not refuse to go before the commission of enquiry but requested that the Chairman of the commission recuse himself sighting conflict of interest given their personal relationship and he refused to recuse himself hence President Zuma 's refusal to be heard and questioned by the person with conflict of interest. Actually they took away his constitutional right. Further sentencing him without a fair trial this is total constitutional deliquency and undermining the
Ramaposa knows he must share half of everything to Zuma that's the atrocities between this 2 parties Ramaposa wants all for his family not South African people he don't care about historical information it's a springboard for Ramaposa and Paul Mashatile
Having gone through the case, I would also say you recuse yourself from analysing the case, but then I realise that it's possible to be objective even when the you are involved in the case. Which brings back to the case, should the judges recuse themselves?
Yooh😢. When are you interviewing our mother i mean ur mother. I loved the one u had with dad, I mean ur father ❤❤❤❤
International law doesn't directly govern remission of sentences, which is typically decided by a nation's domestic laws. However, international human rights treaties like the Standard Minimum Rules for the Treatment of Prisoners can influence a country's approach to remission. These treaties promote rehabilitation and humane treatment of prisoners, which can be factors considered when granting remission.
@_SMWX
Ай бұрын
The court issued a directive specifically asking for international and foreign law examples. See the record.
@Professor_Stark
Ай бұрын
@@_SMWX You're right, the court directive requested international and foreign law examples. Here's one to consider: the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. While it doesn't address remission directly, it prohibits torture and cruel treatment, which could be relevant in cases where harsh conditions influence requests for remission.
Izodlala I TV umsholozi uyawina lana
I am delighted that MK will be on the ballot! We need lots of parties to take part in the election so that we have a more democratic representation in government. Please get Lauren from OHM (Organic Humanity Movement) to explain how she wants to change the constitution so that we can elect our leaders DIRECTLY.
There are things people would think they understand but when they've listened to you clarifying things, surely, they realize that they may have missed a lot of facts. You're the best Dr. Mpofu Welsh
Like Father Like Son 💪🙏❤️
@thalithamngomezulu457
Ай бұрын
Like father like son indeed😂😂