Durban - The Helen Suzman Foundation has become the latest entity to legally challenge the medical parole granted to former president Jacob Zuma, saying it was unconstitutionally authorised.
In court papers filed with the North Gauteng High Court in Pretoria on Tuesday, Francis Antonie, a director at the foundation, said the September 5 parole was illegal as the country's prisons boss, Arthur Fraser, misinterpreted the act he relied on to overrule the parole board which had said Zuma was in a stable condition.
In his affidavit on behalf of the foundation, Antonie wants the high court to rule on the matter urgently because any delays would harm the rule of law and Zuma may unduly benefit.
Among those cited in the papers are Fraser and Zuma himself.
“First, delaying this review until a hearing in the ordinary course risks irreparable harm to the rule of law. The Constitutional Court sentenced Mr Zuma to 15 months' imprisonment, as the necessary sentence to defend our constitutional democracy, the rule of law, and the administration of justice,” Antonie said.
At the time of his parole, Zuma was out of the Estcourt prison after the health military health services whisked him to Pretoria to treat him for an undisclosed ailment.
Antonie pleads with the court to set aside Fraser’s decision and ensure that Zuma does not benefit from the 10 days he has gained through the parole.
“The HSF will also argue that in the exercise of its just and equitable power, the Court should grant relief ensuring that Mr Zuma does not unduly benefit from the hiatus in his jail time and that the full 15 months sentence is served.
“To the extent that any future medical parole decision is to be taken, that may only occur within the prescripts of the law as articulated by this Court in its judgment.
Political Bureau