SCA finds Zuma’s release was unlawful, orders his return to prison

“He must return to the Estcourt Correctional Centre to do so.”

This was so, the argument went, because here the commissioner no longer needed to comply with the requirements of section 79 of the Correctional Services Act for release on medical parole, namely terminal illness or physical incapacity, a low risk of re-offending and appropriate arrangements for post-release.

It stressed that the law applied to Zuma, like any other prisoner, regardless of his status as former head of state.The court also rejected Fraser’s argument that the recommendation of the board was not binding on him, but merely one of the factors he had to weigh up, along with the prisoner’s medical reports, in deciding whether or not to grant medical parole.“The commissioner cannot simply ignore it because he or she holds a different view.

But where the appellate court disagreed with Matojane was his further declaratory order that the time Zuma had spent on medical parole should not be considered towards the fulfilment of his 15-month sentence. “It is not for this court to decide. It is a matter to be considered by the commissioner. If he is empowered by law to do so, the commissioner might take that period into account in determining any application or grounds for release.”

“The department’s statement was unfortunate, and potentially undermines the judicial process, particularly since the department is the appellant in the matter.”

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