It should have come as no surprise that the Supreme Court of Appeal earlier this week confirmed that the granting of medical parole to former president Jacob Zuma by the erstwhile Commissioner of Correctional Services, Arthur Fraser, was unlawful and ...
Although the Supreme Court of Appeal did not mention this, Zuma had in effect admitted there were no valid medical grounds to release him on medical parole, when he denied at a media briefing last month that there was anything seriously wrong with his health.
“Any sentenced offender may be considered for placement on medical parole, by the National Commissioner, the Correctional Supervision and Parole Board or the Minister, as the case may be, if such offender is suffering from a terminal disease or condition or if such offender is rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or inmate self-care.
Shaik was released from prison less than a week after Zuma, who was then the president of the ANC and would soon be elected president of the country, had said publicly that as national president he would pardon Shaik on medical grounds. Of course, Shaik is still alive and well today, more than 5,000 days after his release.Zuma will almost certainly approach the Constitutional Court to ask for leave to appeal against the judgment of the SCA.
This is because section 73 of the Correctional Services Act states that offenders serving a sentence of less than 24 months “may not be placed on parole or day parole until such offender has served either the stipulated non-parole period, or if no non-parole period was stipulated, a quarter of the sentence”.
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