DA calls for Zuma’s detention without delay
13 July 2023
The Democratic Alliance (DA) welcomes a decision by the Constitutional Court today, dismissing an application by former president, Jacob Zuma for leave to appeal the Supreme Court of Appeal (SCA) judgement confirming that a decision by former National Commissioner of Correctional Services, Arthur Fraser’s decision to place him on medical parole was unlawful and set aside. This judgement now confirms that Mr Zuma belongs in jail, and that his vexatious litigation was a last desperate attempt to evade justice.
The DA’s lawyers are currently drafting a letter which we will submit to Mr Zuma calling for him to voluntarily surrender himself to arrest within a reasonable timeframe. Should Mr Zuma fail to adhere to this request, we will write to the National Commissioner for Correctional Services, Makgothi Samuel Thobakgale calling for him to arrest Mr Zuma, and return him to Estcourt Correctional Centre. If either of these parties fail to comply, they will be in contempt of court.
We call on Mr Thobakgale to act constitutionally, lawfully, and in a manner expected of him as National Commissioner for Correctional Services and to act in line with his constitutionally-prescribed duty of office. Should Mr Thobakgale act irregularly or illegally or seek to delay the enactment of the Constitutional Court’s judgement, we will not hesitate to take further action to ensure that this judgement is upheld.
Mr Zuma must now pay the consequences for his flagrant disregard for the rule of law. This judgement must now also serve as an important legal precedent ensuring that any and all ANC members and public representatives implicated in state capture cannot ever abuse the medical parole process to evade accountability. It also sends a very strong message to corrupt ANC cadres that no amount of violence and unrest will deter South Africa’s institutions and authorities from upholding the principle of constitutionalism and the rule of law, and equality before the law.
Today’s judgement is a victory for the rule of law in South Africa and bears testament to the strength of our nation’s independent and impartial judiciary.
Furthermore, it is a poignant reminder of the crucial importance of our institutions to fight corruption and evade State Capture 2.0.
Aside from the Constitutional Court judgement confirming the illegal granting of medical parole for Mr Zuma’s 15-month jail sentence for contempt of court, the DA will continue to pursue a litany of charges which still remain against his name. Mr Zuma still faces close to 800 charges of fraud, corruption, and racketeering for which he must still answer to the people of South Africa.
The DA remains committed to holding the executive, both past and present, to account, and to uprooting the very foundations of state capture from South African society and our governments.
Today’s judgement is the start of the crucial project to rescue South Africa from the rampant and deeply entrenched corruption of the ANC, and to place South Africa on the path of prosperity and growth that our nation so deserves.
Issued by John Steenhuisen, Leader of the Democratic Alliance, 13 July 2023
