Supreme Court of Appeal – ‘Zuma must go back to prison’

[Nat Quinn]

The Supreme Court of Appeal in Bloemfontein on 21 November 2022, dismissed with costs former President Jacob Zuma’s appeal against a High Court ruling, which the civil rights organisation AfriForum obtained that his medical parole was illegally granted.

The Supreme Court of Appeal did, however, set aside the earlier High Court order that the time Zuma spent outside prison on medical parole cannot be deducted from his sentence, but upheld the order of the High Court that Zuma must return to Estcourt prison.

Zuma was sentenced to 15 months imprisonment in June 2021, after he failed to appear before the Zondo Commission on state capture during his presidency.

Zuma began serving his sentence at the end of July 2021, but was released on medical parole on 5 September 2021.

The then National Commissioner for Correctional Services, Arthur Fraser, approved the medical parole even though the medical parole board found that Zuma did not qualify for medical parole.

AfriForum obtained a High Court ruling in December 2021 that Zuma’s medical parole was granted illegally and that the time Zuma spent outside prison on medical parole cannot be deducted from his sentence. Zuma took the case on appeal.

“The Supreme Court of Appeal’s ruling means that two courts have found that Zuma should never have received medical parole. The fact that Zuma did receive medical parole, even though he did not qualify for it, therefore points to prominent politicians receiving preferential treatment at correctional services. However, the biggest farce is that Zuma, who was apparently terminally ill a year ago, is now actively involved in politics again and is trying to occupy a high position in the ANC,” says Reiner Duvenage, Campaign Officer for Strategy and Content at AfriForum.

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