Correctional services studying SCA ruling on Jacob Zuma's medical parole

The department of correctional services (DCS) says it has noted the Supreme Court of Appeal (SCA) ruling on medical parole being irregularly granted to former president Jacob Zuma.

“The DCS respects the court’s decision and will study the full judgment in seeking to clarify a way forward within the requisite timeframe,” department spokesperson Singabakho Nxumalo said.

Zuma was sentenced to 15 months' imprisonment by the Constitutional Court for contempt after he breached its order to obey the summons of the state capture commission. After serving less than two months, he was granted medical parole by Arthur Fraser, the former national commissioner of correctional services, despite not being recommended for it by the medical parole board.

The SCA on Monday found that “Mr Zuma, in law, has not finished serving his sentence”.

“He must return to the Estcourt Correctional Centre to do so.”

However, the length of time he would stay there was not a matter for the courts to decide, said the judgment. This was “a matter to be considered by the commissioner” of correctional services.

Zuma may also still apply to appeal the SCA's order to the Constitutional Court, which would put the SCA order on hold for now.

Political analyst Prof Susan Booysen said the ruling placed a big value on respect for the rule of law and confirmed that even high-profile figures like politicians are not above the law.

There is a possibility of out-of-court negotiations ensuing now, she said, when asked to comment on whether there was a risk of Zuma's supporters mobilising to support him, as they did during the riots in July last year.

“Hopefully common sense will prevail, and we will not have a recurrence,” she said.

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