By Lehlohonolo Lehana.
The department of correctional services (DCS) says it will within the next week announce its decision as to whether former president Jacob Zuma needs to serve any remaining time of his prison sentence for contempt of court.
The department, which called for public comments last month, said it has now received the relevant representations.
The possibility of Zuma returning to prison comes after the Constitutional Court upheld a previous order declaring the former president’s release on medical parole illegal.
Zuma served two months of his 15-month sentence for contempt of court in 2021.
The department’s Singabakho Nxumalo says National Commissioner Makgothi Thobakgale is expected to make a decision before 10 August.
“The next phase is for the National Commissioner Thobakgale to consider every material received, the judgment of the Supreme Court of Appeal and prescripts within the space of Corrections.”
“It is a matter to be considered by the commissioner. If he is empowered by law to do so, the commissioner might take that period into account in determining any application or grounds for release.”
If this is permitted by law, Zuma could be asked to return to prison purely for the completion of administrative processes necessary to formalise his release.
The department has obtained three legal opinions on whether the Correctional Services Act does allow the commissioner to take into account time spent on medical parole, though it was not lawfully granted.
Although it has yet to resolve the dilemma, its reluctance to recommit Zuma to prison is apparent in the fact that it sought to take the appellate court ruling on appeal to the constitutional court.