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News24.com | Correctional services applies for leave to appeal SCA ruling on Zuma's medical parole

1 week ago 15

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The Department of Correctional Services says it will appeal the Supreme Court of Appeal (SCA) ruling that former president Jacob Zuma's release on medical parole was unlawful.

On Wednesday, the department said it had studied the judgment and believed a different court could come to a different conclusion. 

"DCS [Department of Correctional Services] is considering this course based on the interpretation and application of the Correctional Services Act and other relevant prescripts," said spokesperson Singabakho Nxumalo.

On Monday, the SCA ruled that former correctional services boss Arthur Fraser unlawfully authorised Zuma's release on medical parole in September last year. 

The former president had served less than two months of his 15-month sentence at the Estcourt Correctional Services facility in KwaZulu-Natal.

READ | Jacob Zuma must go back to jail and prison bosses must ‘lawfully’ decide on his release - appeal court

He was arrested in July for contempt of the Constitutional Court.

The unanimous judgment, penned by Judge Tati Makgoka, said Zuma must return to the facility and complete his sentence.

The SCA added it was not its mandate to consider whether the time he spent on medical parole should be taken into account in determining the remaining period of his sentence. 

It said Fraser's successor, commissioner Makgothi Thobakgale, should look into this. 

"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," read the judgment.


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