15/12/2021
JACOB ZUMA MUST GO BACK TO JAIL
In a scathing judgement handed down today, The Pretoria High Court has reviewed and set aside Arthur Fraser’s decision to grant Jacob Zuma medical parole and has ordered him to resume his sentence of 15 months’ imprisonment for being in contempt of a Constitutional Court order.
Zuma has thus far only served approximately two months of this sentence.
Upon Zuma being released on medical parole on 5 September this year, the Democratic Alliance launched an urgent application to set aside Fraser’s decision. The Helen Suzman also launched an urgent application shortly thereafter, with the High Court deciding to combine the applications, as they essentially sought the same relief.
Fraser, who at the time was the Commissioner of Correctional Services, disregarded the recommendation of the Medical Parole Advisory Board that Zuma does not qualify for medical parole, and relied on section 79 of the Correctional Services Act to overrule the board’s decision.
The Pretoria High Court has found that Fraser’s decision was not a rational one and that he did not interpret the act correctly. Fraser, quite frankly, did not possess over the expertise and knowledge to make the determination that Zuma qualifies for medical parole.
The High Court has ordered that the period which Zuma has not been in prison is to be disregarded and that the full balance of his prison sentence is to be served, which is approximately 13 months. This is of course subject to a possible parole application which could be launched by him down the line.
Zuma is expected to hand himself over within a reasonable time, one could expect this to be during the course of next week, although we should expect Zuma to launch an application for leave to appeal this decision. Our opinion is that such an appeal would have a slim to zero chance of success.
Ulrich Roux breaks this down on eNCAnews, click on the link below for the interview:
https://youtu.be/t42PeD6uiSI