Jacob Zuma‘s legal battle took a significant turn as the Constitutional Court dismissed his application for leave to appeal his medical parole, paving the way for the former president to return to prison.
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.
ConCourt dismisses Jacob Zuma medical parole appeal
The court concluded that the appeal had “no reasonable prospects of success,” upholding the November judgment of the Supreme Court of Appeal (SCA) that stated Zuma must return to the Estcourt Correctional Centre to serve his sentence.
While the SCA emphasised that the duration of Zuma’s imprisonment was not within the court’s jurisdiction, it clarified that the decision lies with the commissioner of correctional services.
The commissioner has the authority to consider any application or grounds for release, including taking into account the period already spent on medical parole, as determined by law, stated SCA Justice Tati Makgoka.
Jacob Zuma was initially sentenced to 15 months imprisonment by the Constitutional Court for contempt after he failed to comply with the state capture commission’s summons.
However, 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 DA, the Helen Suzman Foundation, and AfriForum successfully challenged this decision in the high court, leading to a partial affirmation by the Supreme Court of Appeal.
The high court ruled that the time spent by Zuma on medical parole should not be considered part of his sentence.
In contrast, the appeal court emphasised that matters concerning an inmate’s sentence and their eligibility for release on parole fall under the executive’s jurisdiction, specifically the department responsible for correctional services.
The Constitutional Court’s recent order, made by a quorum of 10 justices without a hearing, affirms the SCA’s judgment and effectively paves the way for Jacob Zuma to return to prison.
This development marks a significant legal setback for the former president, as he now faces the prospect of imprisonment once again.
