Former president Jacob Zuma, whose jailing in July led to postapartheid SA's worst violence that cost more than 300 lives, says a high court ruling that he be returned to prison is to complete his 15-month sentence “is tantamount to the death sentence.”
Zuma and the department of correctional services want leave to appeal Wednesday's high court judgment which nullifies erstwhile prison boss Arthur Fraser's decision to grant Zuma medical parole. Fraser and Zuma have history. Back in 2009, the Mail & Guardian named the then National Intelligence Agency’s deputy head as the person who leaked the so-called spy tapes that got the latter off the hook on corruption charges and paved the way for his rise to the presidency.
Correctional services spokesperson Singabakho Nxumalo said on Wednesday that having studied Judge Keoagile Matojane's ruling, the department was “convinced that another court may arrive at a different conclusion.” The court had “sadly misinterpreted” the law.
However, since the prisons department is not a respondent it cannot appeal the court order; acting correctional services commissioner, Makgothi Thobakgale, is the respondent.
The judgment was issued electronically in the Gauteng high court sitting in Johannesburg. Matojane found Fraser’s decision to grant Zuma medical parole in September was unlawful and ordered that the former president return to jail for a little over a year.
Zuma lodged an application for leave to appeal, arguing that Matonjane was wrong to think the applicants had standing when, according to him, they were driven by political motives. Lobby group AfriForum, the DA, and the Helen Suzman Foundation all brought applications against Fraser's decision.
Zuma's lawyers argued that sending him back to jail “amounts to cruel and degrading punishment with no due regard to the patient’s healthcare, dignity and other human rights. It is the antithesis of ubuntu.” There are “good and reasonable prospects” another court will find differently, they said.
In a hint on what could follow, he reserves his right to apply to provide fresh evidence of his “worsening medical illness identified since the medical parole decision was taken more than three months ago.”
Zuma's arrest in July for defying a court order sparked violent unrest in KwaZulu-Natal and parts of Gauteng, killing more than 300 people in what President Cyril Ramaphosa called a “failed insurrection”. Damage to public property and civic violence also hit investor confidence with the provinces accounting for most of the 600,000 jobs lost in the third quarter, in an economy that was already struggling to shake off the impact of Covid-19 and lockdowns.
During oral argument last month, Zuma’s counsel raised the riots and warned of a potential repeat. The judge noted such considerations did not fall under requirements in law for being granted medical parole. Threats of riots is not a ground for releasing an offender on medical parole,” the judge wrote.
Matojane found Fraser acted unlawfully by granting medical parole without heeding the advice of the relevant board. He ordered Zuma return to jail to complete the 15-month sentence issued by the Constitutional Court.
This, wrote Matonjane, led to Zuma “enjoying nearly three months of his sentence sitting at home in Nkandla, not serving his sentence in any meaningful sense.” Fraser's actions undermined respect for the courts, the rule of law and SA’s constitution.
The applicants had raised a casino sighting and Zuma’s involvement in a virtual prayer meeting after he was granted medical parole. Matonjane said Zuma was “not terminally ill or severely incapacitated” and seemed to to be living “a normal life.”
Zuma’s legal team said it was absurd that “a terminally ill person cannot meet other people or address a prayer meeting.”
Matojane discounted Zuma’s three months on medical parole. As he began serving his sentence on July 8 and was released on medical parole on September 5, Zuma has 13 months' jail time remaining.
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