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Zuma medical parole appeal set for August

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Zuma medical parole appeal set for August

Former President Jacob Zuma
Photo by Reuters
Former President Jacob Zuma

26th May 2022

By: News24Wire

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The Supreme Court of Appeal (SCA) is expected to hear an appeal on the release of former president Jacob Zuma from prison on medical parole.

The hearing is expected to take place on 15 August with heads of arguments being filed on 1 June and 1 July.

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The appeal comes after former national commissioner of correctional services Arthur Fraser's decision to release Zuma on medical parole.

Department of Correctional Services filed an application to appeal a ruling that Fraser's decision to release Zuma on medical parole was unlawful and that he should return to prison.

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The two parties are appealing Judge Elias Matojane, who ordered that Zuma should return to prison and serve his sentence afresh.

Matojane wanted the former president to serve the 15-month term he was sentenced to last year by the Constitutional Court.

Zuma was found guilty by the apex court after he failed to appear before the Zondo Commission of inquiry into state capture.

He was later granted medical parole by his ally and then National Commissioner of Correctional Services, Arthur Fraser.

Matojane rescinded Zuma's medical parole and said it was unlawful.

The court granted Zuma, and the department leave to appeal the ruling in the SCA.

The department had filed papers claiming that it was "right" when it released Zuma from prison and that Fraser was justified in his decision.

Zuma and the department claimed that the former statesman was terminally ill and suffered commodities and therefore was eligible to be granted parole.

A statement released by the department said the decision to release Zuma was: "Medical parole's eligibility for Mr Zuma is impelled by a medical report received by the Department of Correctional Services. Apart from being terminally ill and physically incapacitated, inmates suffering from an illness that severely limits their daily activity or self-care can also be considered for medical parole."

The department ordered Zuma to complete the remainder of his sentence at home.

The department claimed that he "must comply with [a] specific set of conditions and be subjected to supervision until his sentence expires."

Upon hearing the news, the Democratic Alliance challenged the medical parole and threatened to submit an application in terms of the Promotion of Access to Information Act (PAIA) for the records of the parole board that granted Zuma parole.

Inkatha Freedom Party's Mkhuleko Hlengwa said the matter was personal and involved Zuma's health, while AfriForum viewed the parole as a violation of justice.

Zuma was incarcerated in July after he handed himself over at the Estcourt Prison in KwaZulu-Natal.

Two months into his 15-month sentence, he was released on medical parole.

Hardly a month into his jail term, Zuma was classified as a low-risk inmate and was allowed to attend his brother's funeral in Nkandla.

His arrest led to an unwavering series of unrest in KwaZulu-Natal and Gauteng, which led to many people losing their lives dead and businesses severely affected.

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