Durban - Former president Jacob Zuma’s legal team has identified several grounds on which they will seek leave to appeal the North Gauteng High Court ruling that found his medical parole unlawful.
On Wednesday, Judge Elias Matojane found that Zuma’s medical parole was unlawful and that Correctional Services Commissioner Arthur Fraser was not entitled to order his release.
Zuma and the Department of Correctional Services will both be seeking leave to appeal the decision.
Speaking to The Mercury on Thursday, Jacob Zuma foundation spokesperson Mzwanele Manyi said sending Zuma to jail amounted to nothing more than a death sentence and that was one of the reasons that the judgment was being appealed.
Outlining the reasons for the appeal Manyi said the lawyers would argue that:
– The judge did not apply the law that is applicable in assessing the locus standi of the people that had appealed the decision of former Correctional Services commissioner Arthur Fraser.
– The judgment weighed on an inapplicable section of the law as Zuma was serving a less than 24-month sentence and this was the reason that the Correctional Services commissioner decided on the matter because the decision rests with him and no other authority.
– The court had acted outside the area of its competence, by not considering a medical person to give an assessment and provide clarity on whether Zuma should be considered for medical parole.
– The court failed to apply Section 39 subsection 2 of the Constitution which says when the interpretation of the law gives two different meanings, the one that should be taken into account is the one that advances the human rights of an individual.
“Correctional Services indicated that they do not have capacity to give the kind of treatment that Zuma needs and that is why he was referred to 1 Military Hospital. Now this judgment says no, go back to the facility that does not have capacity. Effectively this amounts to a death sentence and that is one of the reasons that we are appealing the judgment,” said Manyi.
He added that the decision was cold, cruel, lacking ubuntu and devoid of the rule of law and driven by vindictiveness.
An Umkhonto We Sizwe veteran, who wanted to remain anonymous, said they were on high alert but would wait for the appeal process before deciding on a course of action.
“But no one is going to have Christmas in jail, certainly not our commander Msholozi,” said the MK veteran.
Several members of the ANC expressed their anger over the court decision.
THE MERCURY