The Gauteng Division of the high court will on Tuesday hear a special motion to request leave to appeal an earlier ruling setting aside the medical parole of former president Jacob Zuma.
Last week on Wednesday Judge Keoagile Elias Matojane revoked Zuma’s medical parole and ordered that the 79-year-old former president returns to prison to serve out his 15-month sentence for contempt of court.
“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,” said Judge Matojane.
Hours after Zuma’s lawyers filed a notice requesting leave to appeal the ruling, the Department of Correctional Services said it will also be appealing Judge Matojane’s ruling.
Tomorrow the same judge will hear arguments why he should allow Zuma’s request for leave to appeal the matter.
The former president’s lawyers have to convince Judge Matojane that another court could come to a different conclusion and possibly rule in favour of Zuma.
The initial court action was sparked by comments made by the then national commissioner of correctional services, Arthur Fraser, on SABC television admitting that he ignored the Medical Parole Advisory Board findings when he released Zuma on medical parole.
The Helen Suzman Foundation, the Democratic Alliance, and AfriForum successfully challenged the matter in the high court which found the medical parole was granted unlawfully.