- The EFF's Kenny Motsamai was sworn in as an MP on Thursday
- Motsamai spent 28 years in jail for killing a white traffic officer
- However, he was able to become a MP because of a loophole in the law prohibiting former convicts from joining Parly
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The Economic Freedom Fighters (EFF) took to social media on Thursday to share the proud moment Kenny Motsamai was sworn in as a Member of Parliament.
"A moment! Ntate Kenny Motsamai, a former military commander of the Azanian People’s Liberation Army (Apla), now a member of the EFF, being sworn in as a member of the NCOP," the EFF captioned a photo.
Motsamai spent nearly three decades in prison after he was found guilty of murdering a white traffic officer in 1989.
According to TimesLIVE, Motsamai was involved in a robbery in Boksburg which led to the death of the officer.
The former military commander of the Azanian People’s Liberation Army (Apla) received two life sentences behind bars, however, he was released on parole in June last year.
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Motsawai has since joined the EFF and he was sworn in as one of the party's MPs today, 23 May. However, prior to taking the oath, Motsawai nervously had to listen to Chief Justice Mogoeng Mogoeng conducting the proceedings by starting off with the constitutional requirement that prohibits a convicted criminal from becoming an MP.
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Luckily, a loophole excluded Motsawai from the law. Motsawai was arrested and sentenced before the section came into effect.
Mogoeng added section 106 (1)(e) came into effect in 1996, seven years after Motsawai was sentenced to life in prison.
"There must be good reason why our Constitution drafters decided to make this provision applicable only after the adoption of constitution. It is for that reason that I will be administering the oath or affirmation to that member, because my own understanding of the constitution is that 'after' means after," said Mogoeng.
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