Zuma may go back to jail after ConCourt refuses to hear correctional services’ appeal
News24
- The Constitutional Court did not grant the Department of Correctional Services leave to appeal the Supreme Court of Appealâs (SCA) decision that former president Jacob Zuma must go back to jail.
- The SCA upheld the High Court ruling that former prison boss Arthur Fraserâs decision to grant Zuma medical parole was unlawful.
- Zuma received a 15-month sentence for defying the Constitutional Courtâs order to appear before the Zondo Commission, but only served two months before Fraser released him.
The Constitutional Court has dismissed the Department of Correctional Servicesâ application for leave to appeal a Supreme Court of Appeal (SCA) ruling that former president Jacob Zuma must go back to prison.
In the ruling handed down on Thursday, the apex court found the departmentâs appeal âbears no reasonable prospect of successâ and dismissed the application with costs.
Zuma missed the deadline to appeal the SCA ruling but filed an application for leave to intervene.
The apex court dismissed this, also with costs, as there would not be an appeal.
Zuma was jailed in July 2021 for 15 months for contempt of the Constitutional Court after he refused to obey an order to appear before the Zondo Commission.
However, hardly two months later, he was released on medical parole after the then-national commissioner of correctional services, Arthur Fraser, overruled the Medical Parole Advisory Boardâs (MPAB) recommendation that the former president did not qualify for it.
The DA, AfriForum and Helen Suzman Foundation asked the Gauteng High Court in Pretoria to review Fraserâs decision and set it aside.
Judge Elias Matojane found the decision was unlawful.
He ordered that Zuma should return to prison to complete the 15-month sentence.
In December 2021, Matojane found an error of law influenced Fraser into believing he was entitled to grant medical parole to Zuma, when the MPAB found the former president did not meet the necessary requirements.
Matojane said Zumaâs return to prison would ânot impact him unfairly, as there is no suggestion that he is an innocent partyâ.
The judge added the former president had defied the Zondo Commission, judiciary, and rule of law, and was resolute in his refusal to participate in the commissionâs proceedings.
Matojane also stated Zuma continued to âattack the Constitutional Court while unlawfully benefitting from a lesser punishment than what the Constitutional Court has imposedâ.
He granted Zuma and the department leave to appeal his ruling, and they took the matter to the SCA.
But in a unanimous judgment written by Judge Tati Makgoka, the SCA agreed with the High Court that Fraserâs decision was unlawful and unconstitutional.
This meant Zuma âhas not finished serving his sentenceâ for contempt of the Constitutional Court, the SCA found.
It said:
He must return to the Estcourt Correctional Centre to do so. Whether the time spent by Mr Zuma on unlawfully granted medical parole should be taken into account in determining the remaining period of his incarceration, is not a matter for this court to decide.
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âIt is a matter to be considered by the commissioner [Makgothi Thobakgale]. If he is empowered by law to do so, the commissioner might take that period into account in determining any application or grounds for release.â
After the Constitutional Courtâs decision was handed down, the department said in a statement it was âstudying the Constitutional Court judgment for the review application in relation to the medical parole placement for the former president, Mr Jacob Zumaâ.
âDCS [Department of Correctional Services] is seeking legal advice and will comment further in due course,â the statement read.
JG Zuma Foundation spokesperson EFF MP Mzwanele Manyi referred all enquiries on the ruling to the department.
âIt is not my intention to hijack the DCS space in the public discourse,â he said in a message to the media.
In November last year, when asked at a media briefing about his health, Zuma reportedly responded: âWhatâs wrong with the health, just tell me, whatâs wrong with the health? Looking at me, am I in the bed lying in a hospital?â
Last week, he visited Victoria Falls in Zimbabwe, where he gave a âspecial addressâ to the first African Voluntary Carbon Credits Market Forum and posed with a giant cheque for a donation of two million âemission reduction unitsâ.
Zuma was representing an organisation called the Africa Belarus Trade Organisation, on whose board he serves.
The former president was represented by advocate Dali Mpofu SC in this court case.
Also on Thursday, the Constitutional Court ruled against another of Mpofuâs clients, when it upheld President Cyril Ramaphosaâs suspension of Public Protector Busisiwe Mkhwebane.