Former President Jacob Zuma’s medical parole has been revoked by the Gauteng High Court, which ruled on Wednesday that the 79-year-old must serve his 15-month sentence in prison for contempt of court.
The matter to challenge the lawfulness of the medical parole was brought by the Helen Suzman Foundation, the Democratic Alliance, and AfriForum.
In his ruling, Judge KE Matojane said: “The applicants’ non-compliance with the usual forms, time periods, and service rules is condoned.
“The decision of the first respondent [Mr. Arthur Fraser at the time] to place the third respondent on medical parole, taken on 5 September 2021, is reviewed, declared unlawful, and set aside.
“The medical parole decision is substituted with a decision rejecting the third respondent’s application for medical parole.
“It is hereby directed that the third respondent be returned to the custody of the Department of Correctional Services (DCS) to serve out the remainder of his sentence of imprisonment.”
Judge Matojane added that the time Zuma was out of jail on medical parole should not be counted for the fulfillment of his sentence of 15 months imposed by the constitutional ourt.
The DCS said it, “notes the judgment delivered on 15 December 2021 by the Gauteng Division of the High Court, Pretoria, on the medical parole placement of the former president, Mr. Jacob Zuma.
“DCS is currently studying the judgment and in due course, we will make further pronouncements,” said the department.
President Zuma was released on medical parole, on 5 September for an undisclosed medical condition, after serving two months in prison.
The former president was initially incarcerated at the Estcourt Correctional Centre before he was moved to a hospital outside the facility.
Zuma underwent a medical procedure before he was released on medical parole.
The former president was jailed in July on a 15-month sentence for contempt of court after he refused to return to testify at the Judicial Commission of Inquiry.
The inquiry, which was probing allegations of state capture, corruption, and fraud in the public sector including organs of state, is better known as the Zondo Commission or State Capture Commission.
Self-claimed Zuma supporter, Carl Niehaus Twitted: “This is gross injustice, @PresJGZuma was illegally imprisoned without a trial in the first place. Our courts are fully captured. All South Africans who believe in justice must totally oppose Nxamalala’s return to jail!”
If Zuma does not appeal the ruling he will spend Christmas in jail and possibly his 80th birthday too.