Former president Jacob Zuma on Monday suffered a major legal blow after the Supreme Court of Appeal (SCA) ruled that his parole was unlawfully granted and ordered that he be sent back to jail to complete his 15-month sentence.
The country’s second-highest court unanimously ruled that Zuma, who wants to be the ANC’s next national chairperson, was unlawfully granted medical parole.
“The effect of the setting aside of this declarator is that once the order in this appeal is handed down, Mr Zuma’s position as it was prior to his release on medical parole will be reinstated,” the judgment reads.
“In other words, Mr Zuma, in law, has not finished serving his sentence. He must return to the Escourt 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.
“It is a matter to be considered by the commissioner [of the Department of Correctional Service]. 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.”
The court judgment suggests that newly appointed national commissioner of the Department of Correctional Services, Samuel Thobakgale, will have a big role in determining Zuma’s fate.
In October, Minister of Justice and Correctional Services Ronald Lamola pinned the rank insignia of the national commissioner at a ceremonial function in Tshwane.
At the time, Lamola said the appointment of Thobakgale signaled a new era of hope, intellectual engagement, as well as competent and ethical leadership to drive the department forward.
“We must inculcate a culture of robust engagements, allow creativity and innovation among senior, middle and junior managers and all employees,” said Lamola.
Zuma, who spent two months at the Estcourt correctional centre in KwaZulu-Natal, was arrested in July 2021 for contempt of court. This after he was found guilty by the Constitutional Court for failing to appear before the Judicial Commission of Inquiry into Allegations of State Capture chaired by chief justice Raymond Zondo earlier in the year.
In September 2021, former correctional services commissioner Arthur Fraser ordered the release of the former statesman on medical parole, but a high court judge in Gauteng, Elias Matojane, ruled in December 2021 that Fraser erred in his decision.
Matojane ordered that the former president returns to jail to serve the remainder of his 15-month jail sentence.
Zuma’s lawyers, led by advocate Dali Mpofu, had argued before the SCA that sending him back to jail would be tantamount to imposing a double sentence. His arrest triggered a wave of violence in some parts of KwaZulu-Natal and Gauteng, which resulted in the deaths of more than 300 people and billions of rands lost to the economy.
Sunday World reported in June that Zuma’s supporters have warned of more chaos should the SCA send him back to jail. Nkosentsha Shezi, a core Zuma ally and spokesperson of the Radical Economic Transformation grouping in the governing party, said this time they would not be bypassed.
“I can assure you that ubab’ Msholozi will not go to jail again. He is an elderly statesman who should be left alone to rest and enjoy his last years with his family,” said Shezi at the time.
“Ordinary people on the ground are sympathetic to his unlawful persecution by his comrades using state organs. Our hope is that the courts will not tear this country apart.”
Zuma’s firebrand daughter Duduzile Zuma-Sambudla tweeted shortly after the judgement: “Oksalayo…We Are Not Going Back!!!.”
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