Bloemfontein – The Supreme Court of Appeal SA (SCA) on Monday upheld an earlier high court ruling that set aside the decision to grant former president Jacob Zuma medical parole.
In the judgment, the SCA ruled that Zuma had unlawfully been granted medical parole and as such had not “‘finished serving his sentence”.
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The Bench that included justices Dambuza, Makgoka, Plasket, Mabindla-Boqwana JJA, and Goosen AJA considered the role of the Medical Parole Advisory Board – Power of the National Commissioner of Correctional Services and whether the Commissioner is entitled to release an inmate on parole despite the absence of a positive recommendation of the board.
It was not in dispute that then National Commissioner of Correctional Services Arthur Fraser went against the recommendations of the Medical Parole Advisory Board, not to release Zuma.
After considering the high court ruling and the evidence before it the SCA ruled that Fraser acted “irrationally” and his decision to release Zuma on medical parole was “unlawful” and “unconstitutional”.
However, the SCA has placed the onus on prison authorities to decide if the time Zuma spent on outside of prison on “medical parole” should count as part of his 15-month sentence for contempt.
The first and second appellants (National Commissioner of Correctional Services and Zuma) were ordered to pay the costs of the first, second, and third respondents, jointly and severally, the one paying the other to be absorbed.
Meanwhile,
The Department of Correctional Services (DCS) said, “it has noted the judgment 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.”
FULL JUDGMENT BELOW:
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