By Lungani Zungu
The Supreme Court of Appeal has ruled that Jacob Zuma’s medical parole he received in September last year was unlawful and invalid.
The court also dismissed with costs the former president’s application to have his early release from a 15-month jail term declared lawful and valid.
Zuma, 80, was sent to prison in July last year after he defied a court order instructing him to attend the state capture commission of inquiry chaired by Chief Justice Raymond Zondo. Zuma went to Escourt Correctional Services on 7 July after the Constitutional Court’s ruling that he should be arrested.
He spent just over a month and a half in the Estcourt Correctional Service in KwaZulu-Natal before he was released in September last year.
In making the judgement, the court kicked the can down the road to correctional services to decide whether the time Zuma spent outside of jail should count as part of his jail term.
“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,” read part of the judgement.
“If the commission (of correctional services) is empowered by law to do so, they might take that period into account in determining any application or grounds for release.”
The court made the ruling on Monday, upholding the decision of Judge Elias Matojane’s ruling that Zuma’s release was unlawful.
Zuma’s long-time ally, Arthur Fraser, former head of correctional services, came to his rescue last year and released him on medical parole in September.
Fraser’s decision to release Zuma was challenged by the Helen Suzman Foundation and the Democratic Alliance (DA).
Zuma’s arrest triggered protests marked by massive looting in KZN and Gauteng, leading to more than 300 people dying.
Singabakho Nxumalo, the spokesperson of the correctional services, said: “The DSC respects the court’s decision and will study the full judgement in seeking to clarify a way forward within the requisite timeframe.”
The spokesperson of the Jacob Zuma Foundation could not be reached for comment.
Pictured above: Jacob Zuma
