The Supreme Court of Appeal (SCA) has reserved judgement in former president Jacob Zuma’s appeal application to overturn a High Court ruling which set aside his release on medical parole last year.
Zuma was released on medical parole by Arthur Fraser, after serving less than two months of his 15-months sentence for being in contempt of court.
The Bloemfontein based court heard submissions from Zuma’s lawyers and the Department of Correctional Services as they squared off with the Democratic Alliance (DA), the Hellen Suzman Foundation and AfriForum, over the release of Jacob Zuma on medical parole by former prison boss Arthur Fraser.
Zuma was released from jail even though the Medical Parole Advisory Board advised against his release after it found that he was stable and did not suffer from a terminal illness.
The DA, Hellen Suzaman Foundation and AfriForum were successful in their challenge of Zuma’s release at the Pretoria High Court, which ruled that Fraser’s decision was unlawful and irrational, and ordered Zuma to return to jail.
Advocate Dali Mpofu argued that former president Jacob Zuma needs 24-hour care, and it would not be possible to provide the 80-year-old with this while locked up in prison. Mpofu said Zuma is in a better position to receive medical care from his home in Nkandla.
He also told the court that sending Zuma to jail and disregarding the time he spent outside on parole would be like a “double sentence”.
Mpofu argued that the terminal illness or medical condition that that former president suffered from could not be disclosed in the public courts, in order to protect his privacy and his human right.
Mpofu said the medical reports were considered by two doctors in favour of parole and described these as a “diagnosis” of Zuma’s condition.
Source: News24, Eyewitness News, The Citizen, image from Twitter