Johannesburg – The spokesperson for the Jacob Zuma Foundation, Mzwanele Manyi, has welcomed the decision by the Department of Correctional Services to appeal the ruling made by the Supreme Court of Appeal, reviewing and setting aside former correctional services commissioner Arthur Fraser’s decision to grant Zuma medical parole.
Last year, the Constitutional Court found him guilty of contempt of court after he failed to appear before the State Capture Commission investigating corruption.
Zuma handed himself over to the Estcourt facility following a 15-month sentence but later received medical parole to serve the remainder at home.
The decision to appeal the SCA ruling by Correctional Services comes after, on Monday, the SCA upheld a lower court’s decision saying the department must re-look the medical parole granted to Zuma, who was jailed without trial at the Estcourt Correctional Services for violating the Constitution.
On Wednesday, following the issuing of the statement by the Correctional Services Department, Manyi called this decision "a very sober move" by the Correctional Services Department.
He said the department had done the right thing, as they believe the SCA had misdirected itself in its judgment.
"One of the issues we have is that the court said the period served on parole must be redefined as it is not a sentence itself. The fact is that when you are on parole, you are still a prisoner and still under supervision.
"The other issue we have with the judgment is that it makes it seem like Arthur Fraser didn’t consider medical reports in granting medical parole. In fact, he considered three medical reports, but this was overlooked," Manyi said.
Spokesperson for the Department of Correctional Services, Singabakho Nxumalo, said that it had reached its decision after carefully studying the SCA judgment, adding that the department was convinced that another court may arrive at a different conclusion.
"The Department of Correctional Services is to file leave to appeal the judgment handed down by the Supreme Court of Appeal in Bloemfontein on the medical parole of Mr Jacob Zuma. Having carefully studied the judgment, Correctional Services is convinced that another court may arrive at a different conclusion," Nxumalo said.
Nxumalo said Correctional Services was considering this course on the basis of the interpretation and obligation of the Correctional Services Act and other relevant prescripts.
This week, following the SCA’s judgment, which did not stipulate the conditions of Zuma’s parole decision, the Democratic Alliance (DA), through its lawyers, said it wanted Zuma back in jail by today (Friday).
The DA, through the party’s lawyers, wrote to acting Correctional Services boss Makgothi Thobakgale, demanding that Zuma be placed back behind bars by the close of business today (Friday).
The Star