The Supreme Court of Appeal (SCA) has found that former prisons boss Arthur Fraser had no legal power to override the Medical Parole Advisory Board and release Jacob Zuma – and slammed him for using the July unrest as justification for his "unconstitutional decision".
In a ruling written by Judge Tati Makgoka, the SCA on Monday morning confirmed that the medical parole granted to Zuma by Fraser was unlawful and set it aside. The unanimous Bench stressed that the effect of this order was that "Mr Zuma, in law, has not finished serving his sentence".
"He must return to the Estcourt Correctional Centre to do so. Whether the time spent by Mr Zuma on unlawfully granted medical parole should be taken into account in determining the remaining period of his incarceration, is not a matter for this Court to decide," the court ruled.