Jacob Zuma must return to prison: SCA

The Supreme Court of Appeal (SCA) has dismissed former president Jacob Zuma’s appeal about his medical parole and says he must return to prison in Estcourt, KZN.

However, in determining the remaining time of incarceration, the national commissioner of correctional services might consider the time he has already spent on unlawfully granted medical parole — if the commissioner is “empowered by law to do so”, said the SCA.

Zuma may yet apply to appeal to the Constitutional Court, which would put the order on hold.  The SCA’s judgment on Monday set aside the high court’s declaration that the time the former president had spent on medical parole should not be counted as part of his sentence.

But the appeal court said by setting this declaratory, the effect was that “once the order in this appeal is handed down, Mr Zuma’s position as it was prior to his release on medical parole will be reinstated”.

The Constitutional Court sentenced Zuma to 15 months imprisonment for being in contempt of court. This followed the former president breaching the apex court’s order for him to appear before the State Capture Commission after it summoned him.

Zuma was imprisoned at the Escourt Correctional Services Facility. He was expected to serve his 15 months behind bars – but didn’t.

Zuma was released on medical parole by former Correctional Services commissioner Arthur Fraser.

This was under two months of Zuma in prison and went against the Medical Parole Advisory Board’s recommendation.

Judge Elias Matojane stated that Zuma’s case needed the SCA’s attention.