Former statesman Jacob Zuma in and out of prison

Former president Jacob Zuma. Picture: EPA/Kopano Tlape/GCIS

Former president Jacob Zuma. Picture: EPA/Kopano Tlape/GCIS

Published Aug 11, 2023

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Johannesburg – The National Commissioner of Correctional Services, Makgothi Samuel Thobakgale, has announced that former president Jacob Zuma has been admitted to the system at the Estcourt Correctional Facility in KwaZulu-Natal and released on special remission.

“Zuma was admitted into the Estcourt Correctional Facility at 6am today. Upon admission into the system, he was subjected to processes that qualified for the remission. He was then released,” said Thobakgale.

The announcement was made by Thobakgale and the Minister of Justice and Correctional Services, Ronald Lamola, in Pretoria this morning.

On Thursday night, the Department of Correctional Services’ national spokesperson, Singabakho Nxumalo, confirmed that the decision would be made today.

“Thobakgale has made his decision on the incarceration term for Zuma. This aligns with a commitment made in a media statement issued on August 4, 2023,” Nxumalo said.

Zuma was sentenced to a 15-month prison sentence for contempt of court in 2021 for failing to appear before the State Capture Commission; he served two months of the sentence before being released on medical parole.

Former Correctional Services commissioner Arthur Fraser released Zuma on medical parole, a decision that was declared unlawful by the Supreme Court of Appeal.

“President Cyril Ramaphosa has approved the remission of non-violent offenders in South Africa. There are 212 286 inmates, including 9 351 foreign nationals, managed by the Department of Correctional Services across the country's 243 correctional centres and 218 community centres,” said Lamola.

Unfortunately, he said, the current occupancy rate is 143%, with the overcrowding rate at 43.06%. The recent loss of 3 024 beds at Kutama Sinthumule in a fire means that overcrowding will increase by 4%, raising the overcrowding rate to 47.06%, and in turn, the occupancy rate will increase by 147%.

“This poses a direct threat to inmate health, security, and management, and it could lead to a surge in gangsterism. More importantly, it hampers the department's ability to provide development and rehabilitation programmes.

“The remission of sentences is a crucial aspect of our justice system, and Section 84 (2) (J) of the Constitution enables it. However, it's important to note that certain offenders, such as those convicted of sexual offences, tampering with essential infrastructure, serving life sentences, and those declared dangerous criminals, are excluded from this special remission. Despite this, low-risk offenders in these categories may still be eligible for a 12-month remission,” Lamola said.

He said offenders convicted of non-violent and non-sexual crimes will be eligible for up to 24 months of remission after completing the pre-release programme and risk assessment and providing fingerprints and DNA samples for comparison to those in the SAPS database.

Zuma’s son, Duduzane, took to Twitter, declaring that his father would not go back to jail, just before midnight, when it was announced that the decision would be made this morning.

“He will break loose; my father is not going to jail. Family is everything,” said Duduzane as he shared an image of his father with his sister Duduzile.

Natjoints, the National Joint Operational and Intelligence Structure, was reported to be on standby ahead of the decision, to prevent a repeat of the July 2021 unrest that left over 300 people dead in Gauteng and KwaZulu-Natal, and businesses were looted.

The Star