The Department of Correctional Services (DCS) has yet to make a decision on the arrest of former president Jacob Zuma, despite the Constitutional Court’s ruling invalidating his medical parole two weeks ago.
UPDATE: On Friday, 11 August 2023, Justice Minister Ronald Lamola confirmed President Jacob Zuma was granted a presidential pardon as part of the ministry’s ‘special remission’ programme.
Why the Dept of Justice has not effected Jacob Zuma arrest
As reported by News24, the department has now reached out to “interested parties” for input on the matter. The delay in making a decision has raised concerns about procedural fairness and accountability.
Seeking Input from “Interested Parties”
The DCS has contacted “interested parties” and requested representations before 4 August 2023. This includes seeking input from Jacob Zuma himself before making a final decision on his possible incarceration.
The national commissioner of correctional services, Makgothi Thobakgale, has emphasised that the decision-making process will adhere to the provisions of the Administrative Justice Act, ensuring procedural fairness for all parties involved.
Legal Opinions Obtained
The department has reportedly obtained at least two legal opinions on the implications of the Supreme Court of Appeal (SCA) judgment, which found Zuma’s medical parole was unlawfully granted.
The SCA ruling stated that Zuma’s time on medical parole should be considered when determining any application or grounds for release. The DCS is likely to maintain that time spent on parole should be considered part of the inmate’s sentence.
DA Contends Zuma Must Return to Jail
The Democratic Alliance (DA) has made submissions to the DCS, arguing that Zuma should immediately return to the Estcourt Correctional Centre to serve the remainder of his sentence.
The DA believes that the SCA’s ruling obliges the national commissioner to ensure Zuma’s return to prison, even by arrest if necessary.
Zuma’s Response and Ongoing Legal Battles
In response to the SCA’s ruling, the Zuma Foundation accused the court of bias and described the judgment as an “act of injustice” and an “exercise in cruelty and degrading punishment.”
Despite the ruling, Zuma did not appeal the decision but focused on private prosecutions against President Cyril Ramaphosa and others.
Medical Treatment in Russia
Zuma’s Foundation has claimed that he is currently receiving medical treatment in Russia. However, this has not stopped legal proceedings in other cases, including Zuma’s own corruption trial, where his lawyers are seeking Downer’s removal as the prosecutor.
Zuma’s ongoing legal battles, including attempts to appeal decisions and remove prosecutors, will continue in various courts. The former president’s next court appearance is expected in August for his corruption trial.
