By Lehlohonolo Lehana.
A fear is exacerbated by the persistently reckless tweeting by former president Jacob Zuma’s son, Duduzane, in response to the question if Zuma will be sent back jail? @Duduzane__Zuma Hell will break loose, my father is not going to jail.
The department of Correctional Services acting national commissioner, Makgothi Thobakgale, will decide on whether Zuma will return to jail to complete his 15-month sentence.
Thobakgale has assessed these submissions along with the Supreme Court of Appeal (SCA) judgment.
The possibility of Zuma’s return to prison has been looming since the Constitutional Court dismissed the department’s application for leave to appeal the SCA ruling that Zuma should return to prison.
The apex court issued the ruling last month.
It ruled the department’s appeal had no reasonable prospects of success and dismissed the application with costs.
Zuma was sentenced to 15 months by the Constitutional Court for defying its order to appear and testify before the State Capture Inquiry.
He was released after former national commissioner of correctional services Arthur Fraser granted him medical parole.
Zuma began his sentence at the Estcourt Correctional Centre on 8 July 2021. Fraser released him on 5 September 2021 — despite the fact that the Correctional Supervision and Parole Board had decided just three days earlier that Zuma did not qualify for medical parole.
Evidence heard by the courts shows that the board found that although Zuma suffered from “multiple comorbidities”, his treatment was “optimised” and “all conditions” had been “brought under control”.
The board concluded: “From the available information in the [medical] reports, the conclusion reached by the [board] is that the applicant is stable and does not qualify for medical parole”.
When Fraser released Zuma regardless, he said in a statement that the Estcourt Correctional Centre did not have the kind of specialised capacity to care adequately for Zuma’s conditions and that the former president’s life would be placed at risk through his continued incarceration there.
Fraser also noted that Zuma’s imprisonment “occasioned a unique moment within the history of Correctional Services, where a former Head of State of the Republic of South Africa is incarcerated whilst still entitled to privileges as bestowed by the Constitution”.
Three successive courts have now thrown out Fraser’s reasoning: the high court, the Supreme Court of Appeal and now the Constitutional Court.
The message, legally speaking, could not be clearer: Fraser was wrong to release Zuma, and the remainder of Zuma’s sentence technically remains to be served.
Meanwhile Government’s security cluster said it was ready ahead of a decision on whether Zuma will return to prison.
Police spokesperson Brigadier Athlenda Mathe said the National Joint Operation and Intelligence Structure (Natjoints) was ready for any eventuality.