Johannesburg - Former statesman Jacob Zuma will know this week if he will continue to enjoy his freedom with his family or go back to prison.
Department of Correctional Services (DCS) Commissioner Makgothi Samuel Thobakgale is expected to make a decision by this coming Thursday amid the Constitutional Court’s dismissal of a bid by the department to appeal the Supreme Court of Appeal (SCA) ruling.
Over the weekend, DCS confirmed that it had received representations from relevant parties on the incarceration term for Zuma.
DCS national spokesperson Singabakho Nxumalo said the next phase is for Thobakgale to consider every material received, including the judgment of the SCA and prescripts within the space of Corrections.
“Commissioner Thobakgale is to make his decision on or before August 10, 2023, and it will be communicated publicly,” said Nxumalo.
Legal expert Mpumelelo Zikalala said in an interview with one of the broadcasters that any decision taken by the commissioner must be lawful, rational, procedurally fair, and comply with the Correctional Services Act.
Zikalala said under the act, there are three options: the first is to say he is giving Zuma temporary leave; the second is to release him under community supervision; and the third is to release him on parole.
“On the last two, it must be noted that it needs to go to a committee first before those particular decisions are taken. So it is not a decision that is taken by the commissioner alone; it needs to go to a certain committee that would look into the submissions that had been made and then arrive at a conclusion or recommend either yea or nay to the commissioner in terms of allowing them to take that decision,” said Zikalala.
He said if that is not done, they run the risk of doing what has been happening now, in which if there are any members of the public who are disgruntled about a decision taken by the commissioner, they will be taken to court.
“It must be noted that whenever a decision is made by a commissioner, it must comply with the law, and the commissioner will have only the Correctional Services Act to look at to determine whether he has done something right or wrong,” said Zikalala.
The Star