By Lehlohonolo Lehana.
Former President Jacob Zuma’s legal team will on Tuesday argue that former Correctional Services Commissioner Arthur Fraser acted within his power when granting Zuma medical parole in September.
Last week, the Gauteng High Court in Pretoria ruled that the decision to grant Zuma medical parole was unlawful.
On Wednesday last week, the same court ordered that the former President must return to prison for the completion of his 15 months’ sentence.
Zuma was sentenced for contempt of court after he refused to continue to appear before the Commission of Inquiry into State Capture.
The Jacob Zuma Foundation’s spokesperson Mzwanele Manyi says, “They’ll also point out to the Judge that he actually …Section 79 when in fact the primary section in the Correctional Services Act was in fact that was applicable in this case was actually Section 75 which Section gives the final authority on such matters to the Commissioner. So the Commissioner acted within his power in terms of that Section.”
Meanwhile AfriForum’s legal team will “present reasons why Zuma’s attempt for leave of appeal against the North Gauteng High Court’s ruling that the decision to grant him medical parole was illegal”, said AfriForum’s head of policy and action Ernst Roets.
“Zuma’s legal team will on the same day appear in court to argue why they want to appeal against the verdict. AfriForum’s legal team is of the opinion that Zuma’s appeal application does not have any reasonable chance to succeed,” said Roets.
AfriForum described Zuma’s appeal as “simply a waste of the court’s time”.
The Department of Correctional Services is also challenging the ruling and has filed a 22-page application to appeal the ruling that former national commissioner of correctional services Arthur Fraser’s decision to release Zuma on medical parole was unlawful and that he should return to prison.
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Video Courtesy of Judiciary RSA.