Celani Sikhakhane
The Supreme Court of Appeal on Monday heard former president Jacob Zuma’s appeal against the High Court ruling to overturn his medical parole.
Zuma was released from prison on 5 September after serving just two months of his 15-month sentence for failing to attend an inquiry into state capture during his presidency.
Former spy chief and Zuma’s long-time ally, Arthur Fraser, was the correctional services commissioner at the time of Zuma’s release and made the decision to parole him.
The basis of his decision was that Zuma’s medical condition meant the former president was “terminally ill”. However, his medical records have never been published.
Three months later, the Pretoria High Court in Gauteng ruled against the decision to parole the former president and ordered him to return to prison to complete his sentence.
Zuma and Fraser’s legal team travelled to Bloemfontein on Monday to appeal against this ruling.
However, the judges seemed unconvinced by the reasons behind Zuma’s release.
A full bench of judges, led by Justice Nambitha Dambuza, heard the arguments from Zuma’s legal team led by Advocate Dali Mpofu SC.
Judge Glen Goosens questioned why Zuma’s medical records had not been released to the public.
Judge Dambuza later asked why only Zuma’s doctor’s view was taken into consideration prior to his release. There were “10 or 11” experts who were apparently brought in to review Zuma’s case, but only his personal doctor was ultimately consulted.
“Why would the legislature go to all that trouble of putting together a body of 10 or 11 medical practitioners who would decide by way of majority what the condition of the applicant is, if their condition would be considered similarly as the applicant’s doctor?” she asked.
Image source:@DJKingSelepe
