The Democratic Alliance (DA) says now that former resident Jacob Zuma is back in the country after a stint in Russia where he received medical treatment, the Commissioner of Correctional Services must fast-track the process to return him to jail.
Glynnis Breytenbach, the party’s shadow Minister of Justice and Constitutional Development says the delay in frogmarching Zuma back to the Estcourt prison is untenable.
Zuma’s return to the country was made known to the public by the Jacob Zuma Foundation, of which he is the patron, on Wednesday morning, but it did not specify when exactly he returned to the country.
It said his return had to do with the fact that he should be present at the Pietermaritzburg High Court on Friday where he initiated a private prosecution.
The foundation did not say anything about the pending issue of Zuma’s parole amid pressure from the DA to the correctional services department to jail Zuma following last month’s Constitutional Court ruling dismissing an application by the department.
The department wanted to appeal the ruling that his release on medical parole in September 2021 was unlawful.
It said the appeal, together with Zuma’s application to intervene, had no prospects of success, effectively sending Zuma back to jail without giving timelines for when that should happen.
Zuma was jailed in July 2021 for refusing to abide by the court’s directive to appear before the Zondo Commission and testify.
His jailing sparked the July 2021 unrest that saw KwaZulu-Natal and Gauteng businesses looted and burned, and over 350 people killed.
However, the then Commissioner of Correctional Services, Arthur Fraser granted him medical parole and freed him in September just three months into his 15-month sentence.
The DA, Helen Suzman Foundation and AfriForum challenged the decision in court and won when it was ruled that Zuma’s release was illegal.
Towards the end of last month, the department asked Zuma to make submissions to the Commissioner of Correctional Services, Makgothi Thobakgale before he decides on the matter of his parole.
On Thursday, Breytenbach said will take further action if necessary to ensure justice is served and court orders are upheld.
“Zuma is now back within South Africa, and seemingly healthy, there is little standing in the way of the Department enforcing the court order and announcing a timeline to ensure Mr Zuma’s return to prison to serve out the remainder of his fifteen-month sentence,” Breytenbach said.
Breytenbach added that Thobakgale has now dithered for three weeks on deciding when Zuma must return to prison, following the Constitutional Court order on July 13.
This delay is unacceptable, as anxiety across the nation continues to rise as clarity on the details of Zuma’s return to prison remains unforthcoming.
In addition, this continued delay casts unnecessary doubt over the strength of our nation’s judicial system.
“Should the Department of Correctional Services make a final decision that is illegal or irregular, the DA will not hesitate to take further necessary action to ensure that justice is served and the order of the Constitutional Court and SCA is upheld.”
The spokesperson of the Department of Correctional Services, Singabakho Nxumalo said they have received representations and they are all being considered and a decision will be made in due course.
"The next step is for the National Commissioner to consider every material relevant to the matter, including guiding prescripts within the space of Corrections and make a decision. A specific date for the decision announcement cannot be pronounced at this stage," Nxumalo said.
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