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Why Zuma wants some ConCourt judges to recuse themselves from IEC appeal matter

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Former president Jacob Zuma. (Gallo Images/Sowetan/Thulani Mbele)
Former president Jacob Zuma. (Gallo Images/Sowetan/Thulani Mbele)

Jacob Zuma wants the Constitutional Court justices, who sentenced him to 15 months' imprisonment, recused from deciding whether he should be allowed to be a candidate in the upcoming election.

If the corruption-accused former president and leader of the MK party succeeds, the Constitutional Court would not be able to muster the required quorum to hear the matter.

Section 47(1)(e) of the Constitution disqualifies anyone who "is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine" from serving in the National Assembly - but it adds that "no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired". 

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