FORMER president Jacob Zuma’s release on medical parole was unlawful and he must go back to jail.
In a unanimous judgment handed down on Monday, 21 November, the Supreme Court of Appeal found that the former correctional services commissioner, Arthur Fraser, did not have a right to grant Zuma medical parole.
Judge Tati Makgoka, who penned the judgment, said Fraser had no discretion to exercise because the medical parole board did not give any positive recommendation.
He said Fraser’s discretion to release an inmate cannot be triggered unless the board makes positive recommendations on appropriateness to grant medical parole.
Makgoka said: “The effect of setting aside this declarator is that once the order in this appeal is handed down, Mr Zuma’s position as it was prior to his release, medical parole will be reinstated. In other words, Mr Zuma, in law, Zuma has not finished serving his sentence. He must return to Estcourt Correctional Centre to do so. If the board recommendation is negative, that is the end of the matter. The commissioner cannot lawfully grant medical parole.”
Zuma challenged the Pretoria High Court ruling, which found his release unlawful and irrational.
He was serving his 15 months imprisonment sentence for contempt of court after he failed to abide by the Constitutional Court order requiring him to appear before the Zondo Commission.
Fraser granted him medical parole in September last year, after serving just two months in jail.
Fraser overruled the medical parole advisory board which recommended against former statesman’s early release.
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The Helen Suzman Foundation, the DA and AfriForum, challenged the decision, saying Zuma did not meet the prescribed criteria to be released.
The Pretoria High Court declared that the time Zuma spent out of jail on medical parole should not be counted towards his 15 months sentence.
The apex court set aside that declaratory order.
Makgoka said whether the time he spent on unlawfully granted parole was not the matter the SCA to decide.
“It is a matter to be considered by the commissioner,” said Makgoka.
