Failed appeal: ‘Zuma must go back to jail’

Former South African president Jacob Zuma has lot his bid to stay stay out of jail for defying the state capture commission. Leon Lestrade. African News Agency (ANA).

Former South African president Jacob Zuma has lot his bid to stay stay out of jail for defying the state capture commission. Leon Lestrade. African News Agency (ANA).

Published Nov 22, 2022

Share

NTOMBI NKOSI AND MASHUDU SADIKE

Johannesburg - Constitutional law expert, Professor Pierre de Vos, said following the Supreme Court judgment declaring former president Jacob Zuma's medical parole unlawful and invalid, the situation should go back to what it was.

“This means the situation must return to what it was when the parole was granted. In the absence of a successful appeal, Zuma will have to go back to prison and serve at least one quarter of his sentence before he could be considered for ordinary parole.

“At this point, one of the factors that may be relevant is that the circumstances around Zuma's unlawfully granted medical parole. Zuma was unlawfully released on medical parole,” De Vos said.

He said Zuma could approach the Constitutional Court to ask it to grant him leave to appeal the judgment.

“Whether it is in the interest of justice to hear the appeal, and the prospects of success will be the main factors the Concourt will consider when deciding on whether to grant leave to appeal,” De Vos said.

The Jacob Zuma Foundation had yet to comment on the judgment at the time of going to press.

The Department of Correctional Services said it noted the judgment handed down by the Supreme Court of Appeal in respect of the medical parole placement for the former president.

Zuma was appealing a decision by the Gauteng High Court, Pretoria last December’s ruling that the former president’s placement on medical parole was unlawful and that he should return to jail.

It ruled that Zuma’s medical parole was unlawful and that then correctional services commissioner Arthur Fraser was not entitled to order his release.

Zuma’s appeal that was heard at the Supreme Court in August was dismissed with costs.

The judgement delivered on the matter heard by a full bench led by Justice T Makgoka on whether the commission was entitled to release an inmate on parole despite the absence of of the board.

It said in part: “In December the high court reviewed the decision of the commissioner, set aside, and substituted it with one rejecting Mr Zuma’s application for medical parole. It consequently directed that Mr Zuma be returned to department to serve out the remainder of his sentence of imprisonments.”

Department spokesperson Singabakho Nxumalo said the they respected the court’s decision.

He said: “We respect the court’s decision and will study the full judgement in seeking to clarify a way forward within the requisite time frame.”

However, the ANC in KwaZulu-Natal said it was comforted that Zuma will not be returning to jail, the party also noted the dismissal by SCA.

“The ANC is comforted by the fact that  Zuma is not required by law to return to prison and therefore remains free. This is good for stability in this province and the country. As the ANC in KwaZulu-Natal we have not changed our position,” said ANC provincial secretary Bheki Mtolo.

Zuma was imprisoned for contempt of court, the move resulted in an unrest in July 2021.

His incarceration led to what is now known at the July Unrest, which resulted in massive looting and destruction of property in KwaZulu-Natal and Gauteng.

More than 300 people lost their lives during the unrest and the damage to infrastructure was estimated at billions.

Opposition parties like DA and Cope welcomed the judgment, saying it was victory for them and the people of South Africa.

On 10 September 2021, the DA applied to the Gauteng High Court to review and set aside Correctional Services Commissioner Arthur Fraser’s decision to place Zuma on medical parole.

DA leader John Steenhuisen said their application resulted in the High Court declaring Zuma’s medical parole unlawful and ordering him to return to prison.

The Department of Correctional Services appealed this judgment, unsuccessfully.

“The Supreme Court of Appeal judgment orders that Zuma must return to the Estcourt Correctional Centre to finish serving his prison sentence.  The SCA judgment is a victory for the DA on behalf of the people of South Africa, ” said DA leader John Steenhuisen.

MKMVA spokesperson Carl Niehaus mocked the DA and said the party misread the judgment.

“DA you are reckless and untruthful. You deliberately misinterpreted the judgment to create the impression that Zuma will have to return back to jail which is not the case. You want to run the country but you can’t even read and interpret a simple judgment,” Niehaus said.

Cope spokesperson Dennis Bloem said they welcomed the ruling, calling for Fraser to be criminally charged for what he called the “illegal” release of Zuma.

“We have said all along that Zuma’s medical parole  was illegal. Fraser knew very well that he did not have the power to release Zuma; it is only the medical parole (board) that can grant any inmate medical parole,” Bloem said.

It was not clear if Zuma would follow the Apex court route to appeal the matter since his spokesperson Mzwanele Manyi had not responded to detailed questions from Independent Media at the time of going to print.

The Star

Related Topics:

Jacob Zuma