DEVELOPING | Fraser did not have power to overrule Medical Parole Advisory Board's Zuma parole refusal - SCA

The last time Jacob Zuma went to jail, Twitter was moderated. This time, not so much.

In mid-2021, former President Jacob Zuma went to jail, and deadly riots spread through parts of KwaZulu-Natal and Gauteng.

On Monday, the Supreme Court of Appeal ruled that Zuma should return to jail – though possibly only after he appeals to the Constitutional Court, and with the possibility that his sentence may still be judged spent.

We must not forget Arthur Fraser's role – ActionSA welcomes Zuma SCA ruling

ActionSA President Herman Mashaba has welcomed the Supreme Court of Appeal (SCA) ruling that former President Jacob Zuma's medical parole was unlawful. On Monday, he said the role of former Department of Correctional Services (DCS) commissioner, Arthur Fraser, in releasing Zuma, must be examined.

"Arthur Fraser's role in the matter must not be forgotten, as it was he who made the unlawful decision to grant medical parole despite the legal provisions not being adhered to. He too must face the music.

"Abuse of legal processes that should be open to bona fide medically ill individuals should never be condoned," Mashaba said.

ActionSA believes that all are equal before the law, he said.

Mashaba encouraged the Department of Correctional Services (DCS) commissioner to make an impartial and apolitical decision on the matter. He said this should be done in the interests of accountability.

Zuma is well known for his Stalingrad tactics, Mashaba said.

"He dodged accountability for too long. South Africans no doubt expect him to appeal this court decision to the Constitutional Court, in an effort to prolong the legal process."

- Kaveel Singh

MEDICAL PAROLE PLACEMENT FOR MR ZUMA

(MEDIA STATEMENT)

21 November 2022

The Department of Correctional Services (DCS) has noted the judgement handed down by the Supreme Court of Appeal in Bloemfontein in respect of the Medical Parole Placement for Mr Jacob Zuma. DCS respects the court’s decision and will study the full judgement in seeking to clarify a way forward within the requisite timeframe. 

Correctional services commissioner must do the right thing – DA

The DA has welcomed the Supreme Court of Appeal (SCA) upholding the Gauteng High Court's finding that former president Jacob Zuma's medical parole was illegal. Party leader John Steenhuisen said it was crucial that the Commissioner of Correctional Services "does the right thing".

"Zuma must be made to serve his sentence like any ordinary South African would be made to do."

He said the judgment was a victory for the rule of law."The DA will not waver in our defense of these principles. We hope the same can be said for the Commissioner of Correctional Services. Certainly, the same cannot be said for President Ramaphosa who failed to speak out against the decision, not ruled illegal, to grant Mr Zuma medical parole.

"There are two reasons why Zuma's medical parole was illegal," Steenhuisen said.

"First, it was taken against the recommendation of the Medical Parole Advisory Board not to grant medical parole to Mr Zuma.

"Second, it was taken for an ulterior purpose not permitted by section 79 of the Correctional Services Act and Regulations (which govern the granting of medical parole), and not rationally connected to the purpose of medical parole or the information before the Commissioner.

"If left unchallenged, Fraser's parole decision would have harmed the court in exactly the same way that Zuma's contempt of court did," Steenhuisen said.

"It would have made a mockery of the judicial process, sending the message to everyone that, as long as you are powerful and politically connected, you need not fear punishment for breaking the law.

"If you are sent to prison for your crimes, you will be let out well before the end of your sentence on 'medical parole'", Steenhuisen added.

He further criticised President Cyril Ramaphosa, accusing him of failing to speak on the medical parole issue.He claimed that Ramaphosa had ulterior motives for Zuma to be placed on medical parole."It was also aimed at stopping the president’s own smallanyana skeletons from tumbling out the Phala Phala closet, since Mr Arthur Fraser held the key to that closet."

- Kaveel Singh

The SCA has overturned High Court in Pretoria Judge Elias Matojane's order that the time that Zuma had spent on medical parole should not be considered as part of his 15-month sentence for contempt.

Makgoka explains that the SCA believed that this order "implicates the doctrine of separation of powers".

He adds: "Matters concerning how an inmate serves his or her sentence; when and how he or she qualifies for and is to be released on parole, quintessentially reside in the province of the executive - the Department in this instance."

- Karyn Maughan 

Zuma must go back to prison – AfriforumLobby group

Afriforum has called for former President Jacob Zuma to return to prison following the Supreme Court of Appeal in Bloemfontein dismissing his appeal against a High Court ruling that his medical parole was illegally granted.

"The Supreme Court of Appeal did, however, set aside the earlier High Court order that the time Zuma spent outside prison on medical parole cannot be deducted from his sentence, but upheld the order of the High Court that Zuma must return to Estcourt prison."

Reiner Duvenage, Campaign Officer for Strategy and Content at AfriForum said the SCA ruling means that two courts have found that Zuma should never have received medical parole.

"The fact that Zuma did receive medical parole, even though he did not qualify for it, therefore points to prominent politicians receiving preferential treatment at correctional services.

"However, the biggest farce is that Zuma, who was apparently terminally ill a year ago, is now actively involved in politics again and is trying to occupy a high position in the ANC," he said.

- Kaveel Singh

Makgoka adds that even if it was accepted that Fraser was "the ultimate decision-maker" on medical parole, "his decision does not pass muster". This is because Fraser "took into account factors which are totally irrelevant in the enquiry of whether Mr Zuma qualified for medical parole.

These are: (a) the fact that Mr Zuma is 79 years; (b) Mr Zuma's status as former Head of State; (c) the riots which occurred in parts of KwaZulu-Natal and Gauteng in July 2021, allegedly as a result of Mr Zuma's incarceration; and (d) the fact that the Department of Correctional Services has no capacity to give Mr Zuma specialised care that he requires".

"While these factors may well be taken into consideration in an application for normal parole, they have no bearing at all in an application for medical parole.

"To that extent, the Commissioner acted irrationally....

"Thus, on any conceivable basis, the Commissioner's decision was unlawful and unconstitutional. The high court was correct to set it aside".

- Karyn Maughan 

On behalf of the SCA, Judge Tati Makgoka finds that "the Commissioner's [then Fraser's] discretion to release an inmate on medical parole is not triggered unless the Board makes a positive recommendation on the appropriateness to grant medical parole, which is based on a determination in terms of s 79(1) (a) as to the inmate's terminal illness or physical condition".

He adds: "Since the Board is made up of skilled experts, the Commissioner has no discretion on the question of whether an inmate suffers from a terminal illness".

"Effectively, therefore, the Board is the ultimate decision-maker on this aspect.

"Thus, in the absence of a positive recommendation by the Board, the Commissioner had no power to release Mr Zuma on medical parole.... it is not for the Commissioner to second-guess its determination and recommendation".

Fraser's decision to grant medical parole to Zuma was therefore "unlawful", "unconstitutional" and "invalid".

- Karyn Maughan 

ANC KZN shows support for Zuma after SCA ruling

The ANC in KwaZulu-Natal said it was "comforted by the fact that President Jacob Zuma is not required by law to return to prison and therefore remains free".

"This is good for stability in this province and the country," said provincial secretary Bheki Mtolo. The KZN leadership of the ruling party said respondents such as Hellen Suzman Foundation, Afri Forum and others "failed dismally" to ensure Zuma returned to prison."As the ANC in KwaZulu-Natal we have not changed our position."

He said that the ANC in KZN affirmed their position that the release of Zuma "marked an important chapter not only in KwaZulu-Natal but in South Africa and the entire continent of Africa".

"We have stated in the past that for many people Zuma represents the triumph of the human spirit of perseverance by virtue of the fact that he rose from the depths of grinding rural poverty to attain the level of national and international prominence as a confident yet self-taught person."

- Kaveel Singh

In a far-reaching decision, the Supreme Court of Appeal has found that then National Correctional Services Commissioner Arthur Fraser did not have the authority to overrule the Medical Parole Advisory Board when it found that Jacob Zuma did not qualify for medical parole. This has massive implications for the future processing of medical parole applications.

- Karyn Maughan 

BREAKING | Zuma must go back to jail - SCA rules his medical parole was unlawful

The Supreme Court of Appeal (SCA) has unanimously confirmed that the medical parole granted to former president Jacob Zuma by then-prison boss Arthur Fraser was unlawful – and it ruled he should return to jail. In a decision written by Judge Tati Makgoka, the SCA stressed that the effect of its order that Zuma had unlawfully been granted medical parole was that "Mr Zuma, in law, has not finished serving his sentence".

A copy of the judgment handed down by the Supreme Court of Appeal.

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