A lawyer representing the Electoral Commission of South Africa (IEC) has denied the Electoral Court had any legal basis to find the 15-month jail term imposed on Jacob Zuma was not a sentence, because he could not appeal it.
"The unavailability of an appeal does not change the nature of a sentence: it remains a sentence, even if it is a final sentence that cannot be appealed," attorney Keletso Bolani stated in a supplementary affidavit filed at the Constitutional Court on Friday.
Bolani pointed out, when the apex court's majority had found Zuma guilty of contempt for defying its order that he must appear before the State Capture Inquiry and sentenced him to 15 months behind bars, it had found "the Constitution categorically allows the denial of the right of appeal by empowering this court to entertain matters by way of direct access".