By Lehlohonolo Lehana.
Democratic Alliance (DA) leader John Steenhuisen has filed court papers to have erstwhile president Jacob Zuma sent back to prison.
Steenhuisen announced on Friday that he had applied to the Gauteng High Court to review and set aside National Commissioner of Correctional Services Arthur Fraser’s decision to grant Zuma medical parole.
“I believe the decision is unlawful for at least two reasons,” said Steenhuisen.
The DA believes the decision is illegal on two grounds: First, it was taken against the recommendation of the Medical Parole Advisory Board not to grant medical parole to Zuma. Second, it was taken for an ulterior purpose not permitted by Section 79 of the Correctional Services Act and regulations and not rationally connected to the purpose of medical parole or the information before the Commissioner.
He said Ramaphosa transferred Fraser from his position as Director-General of the State Security Agency to the post of National Commissioner of Correctional Services in 2018, knowing full well the many accusations against Fraser, including the parallel intelligence network he set up to serve Zuma’s personal interests. He said this was later confirmed by the High-Level Panel’s report, which was handed to Ramaphosa.
Earlier this week, President Cyril Ramaphosa, delivering closing remarks after an ANC NEC lekgotla,welcomed Zuma’s release on medical parole.
According to Steenhuisen, Ramaphosa’s “Cheshire cat grin” as he said this, was telling.
“The president continues, therefore, to put his party’s interests against the interests of justice and the rule of law and the principle of equality before the law at tremendous risk.”
Steenhuisen said Zuma was imprisoned for contempt of court so serious that it constituted a near-existential threat to the authority of the judicial system, and Fraser’s parole decision harms the court in the same way that Zuma’s contempt of court did.
On Wednesday, Fraser conceded that that he used his position as institutional head to overdue the medical parole board’s recommendation to keep Zuma in prison.