THE RELEASE OF FORMER PRESIDENT JACOB ZUMA ON MEDICAL PAROLE
On Sunday 5 September 2021 the Department of Correctional Services (DCS) granted medical parole to jailed former president Jacob Zuma, who is currently serving a 15-month custodial jail sentence for contempt of court because of his refusal to abide by subpoenas to appear before the Zondo Commission.
Mr Zuma’s medical parole comes a mere two months after being jailed. His ongoing corruption trial has also been adjourned to 9 September 2021 because of his claimed ill health. Reports indicate that the DCS, in reaching this decision, is relying on section 75(7)(a) of the Correctional Services Act 111 of 1998 which affords the National Commissioner of Correctional Services the power to grant parole or medical parole - or place under correctional supervision or day parole - a sentenced offender serving a custodial prison sentence of 24 months or less.
The circumstances under which Mr Zuma has now been granted medical parole are not only deeply suspect - but also do not conform procedurally with additional provisions regarding the granting of medical parole as set out in the Correctional Matters Amendment Act 5 of 2011.
This act makes it very clear that the Minister must establish a medical advisory board to provide an independent medical report to the National Commissioner, Correctional Supervision and Parole Board or the Minister, as the case may be in addition to the medical report on which the petitioner for medical parole bases his/her application. This has seemingly not been done in Zuma’s case. Furthermore - Zuma has persistently refused to be examined by an independent medical professional (or any medical advisory board).
Most seriously, Mr Zuma’s parole was approved by National Commissioner of Correctional Services, Arthur Fraser, who is well known to have close ties with Mr Zuma and who himself was alleged to have been involved in state capture at the South African State Security Agency (SSA).