Former President Jacob Zuma.
Gallo Images / Darren Stewart
- The Constitutional Court did not grant the Department of Corrective Services leave to appeal to the Supreme Court of Appeal“The SCA’s decision that former President Jacob Zuma should return to prison.
- The SCA upheld the Supreme Court’s ruling that former prison chief Arthur Fraser“Zuma’s decision to grant Zuma conditional medical release was illegal.
- Zuma was sentenced to 15 months in prison for defying the constitutional court“to appear before the Zondo Commission, but served only two months before Fraser was released.
The Constitutional Court rejected the Department of Correctional Services’ application for leave to appeal the Supreme Court of Appeal ruling that former President Jacob Zuma should return to prison.
In Thursday’s ruling, the Supreme Court found the circuit’s appeal “carried no reasonable prospect of success” and dismissed the application with costs incurred.
Zuma He missed the deadline to appeal the SCA ruling But she applied for permission to intervene.
The Supreme Court dismissed this order, as well as the costs, as there would be no appeal.
Zuma was jailed in July 2021 for 15 months in contempt of the Constitutional Court after he refused to obey an order to appear before the Zondu Commission.
However, nearly two months later, he was released on medical terms after the then National Commissioner of Corrective Services, Arthur Fraser, overturned the Medical Parole Advisory Board (MPAB) recommendation that the former chief was ineligible.
The DA, AfriForum and Helen Suzman have asked the Gauteng High Court in Pretoria to review and set aside Fraser’s decision.
Judge Elias Motujan found the decision unlawful.
He ordered that Zuma be returned to prison to complete his 15-month prison sentence.
In December 2021, Matujani found that an error in the law had led Fraser to believe he was entitled to grant medical parole to Zuma, when the MPAB found that the former chief had not met the necessary requirements.
Matujani said that Zuma’s return to prison “would not affect him unfairly, as there is no indication that he is an innocent party.”
The judge added that the former president defied the Zondo Commission, the judiciary and the rule of law, and was firm in his refusal to participate in the commission’s proceedings.
Matujani also stated that Zuma continued to “attack the Constitutional Court while illegally benefiting from a sentence less than what the Constitutional Court imposed.”
Zuma and the circuit were granted leave to appeal his ruling, and they took the matter to the Securities and Commodities Authority.
But in a unanimous ruling written by Justice Tati Makjuka, the SCA agreed with the Supreme Court that Fraser’s decision was illegal and unconstitutional.
This means that Zuma “has not finished serving his sentence” for contempt of the Constitutional Court, the Securities and Commodities Authority has found.
He must return to Estcourt Correctional Facility to do so. Whether Mr Zuma’s time served on unlawfully granted medical parole should be taken into account in determining the remainder of his confinement is not for this court to decide.
“It is a matter for the Commissioner to consider [Makgothi Thobakgale]. If authorized by law to do so, the commissioner may take that period into account when determining any request or reasons for release.”
After the Constitutional Court’s decision was issued, the Chamber said in a statement that it is “examining the Constitutional Court’s ruling on the request for review in relation to the medical parole placement of former President Mr. Jacob Zuma”.
DCS [Department of Correctional Services] He is seeking legal advice and will provide further comment in due course.”
EFF Spokesperson JJ Zuma Foundation MP Mzuwanel Manyyi has referred all inquiries about the decision to the department.
“It is not my intention to hijack the DCS space in public discourse,” he said in a message to the media.
In November last year, when asked at a media briefing about his health, Zuma reportedly replied: “What’s wrong with health, just tell me, what’s wrong with health? Looking at me, am I lying in bed in hospital?” “
Last week, he visited Victoria Falls in Zimbabwe, where he had a visit “Special Address” at the First African Forum on Voluntary Carbon Credit Markets She floated with a huge donation check for two million ERUs.
Zuma has been representing an organization called the Belarusian African Trade Organization, on the board of which he serves.
The ex-president was represented by Attorney Dali Mpofu SC in this court case.
Also on Thursday, the Constitutional Court ruled against other Lempofu clients, when it upheld President Cyril Ramaphosa’s suspension of Public Defender Busisiwe Mkhwebani.