The judge who ruled that the medical parole decision was unlawful has given the nod for the former president to keep fighting
Judge Keoagile Matojane, who last week declared former president Jacob Zuma’s medical parole decision to be unlawful and irrational, on Tuesday granted the former president and the department of correctional services leave to appeal against the judgment in the Supreme Court of Appeal.
Zuma was restricted to his homestead in Nkandla under supervision of a parole officer and had to get permission from the department of correctional services if he wanted to leave the magisterial district. Mpofu argued that sentencing must include an element of mercy. Mpofu said such an order was completely out of kilter with any precedent and it was incorrect for the judge to discount the period already served. On this basis alone, there was a ground for appeal.
Sy Mphahlele, for the department, argued that Fraser was not bound by the decision of the medical parole board, which found that Zuma did not qualify for medical parole and was entitled to exercise his own discretion. Ismail Jamie SC, for the DA, accepted that the 79-year old Zuma was sickly but stressed that Matojane’s judgment was based on the facts of the case and was not punitive but legal and justified.
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