Johannesburg - Former president Jacob Zuma’s legal representative advocate Dali Mpofu told the Supreme Court of Appeal in Bloemfontein yesterday that taking Zuma back to prison will deny him proper medical care.
Mpofu told the court that one of the reasons Zuma was released on medical parole was that he suffers from a chronic illness that qualified him for parole.
He also said while at Estcourt Correctional facility, Zuma needed to be monitored by medics on a 24-hour basis and there was no facility in the country that could accommodate him.
The SCA yesterday heard an application by lawyers for Zuma against an earlier decision declaring the granting of medical parole to Zuma to be unlawful.
Zuma was granted medical parole after he was hospitalised days after he handed himself in, in July 2021 after the Constitutional Court found him guilty of contempt of court and was to serve 15 months in prison.
Zuma, 80, was admitted to hospital in August 2021. He was serving a 15-month jail sentence for contempt of court over his refusal to abide by subpoenas to make a further appearance at the Zondo Commission into State Capture.
In August last year, Arthur Fraser, then the director-general of correctional services, ordered Zuma's release from prison on medical parole less than two months after he was jailed.
The North Gauteng High Court reviewed and set aside Zuma’s initial successful application for parole in December 2021. AfriForum was an applicant in the application and following this finding, Zuma was ordered to serve the remainder of his sentence in custody.
Mpofu said Zuma did not release himself on medical parole.
“Remember the only thing we are sold is that Zuma is not an innocent party. That is obfuscation because to say he is not an innocent party simply because he said he was wrongfully arrested is pure obfuscation. He is an innocent party because he did not give himself parole and there is no evidence that he went to Fraser to cook up this, he is an innocent party, why must he be punished,” Mpofu said during the arguments.
He further said: “If the parole is not counted as part of the 15 months sentence, it would be the same as re-sentencing. The court should not look at things that could have been done but rather what was done,” said Mpofu.
The DA and the Helen Suzman Foundation brought this case to court and were expected to make submissions to oppose Zuma’s appeal.
Mpofu said the medical parole advisory board’s role is to give recommendations and advice.
However, Ismail Jamie council representing the DA said if there is no recommendation from the parole board, the commissioner cannot make a decision.
The medical board said Zuma was fit to serve the rest of his sentence inside the prison facility.
Another report said Zuma needed access to a medic and the prison facility did not have the resources to keep a medic at the facility.
Advocate Sy Mphahlele representing the Department of Correctional Services (DCS) defended Fraser’s decision saying that he was allowed to use his discretion to release Zuma on medical parole, following two conflicting medical reports.
“There are two reports one was from the doctors that have examined Zuma and the second was from Dr LJ Mphatswe who is also a member of the board. It is the national commissioner who has the discretion to determine when to grant medical parole,” Mphahlele said.
The judges have not read the medical reports that confirm that Zuma is terminally ill yet they are supposed to make a judgment.
Mpofu said Zuma has a right to privacy.
Outside the SCA, a group of Zuma supporters carrying placards written #SetZumaFree, #RamaphosaMustFall, sang and chanted struggle songs including the famous one, “wenzeni uZuma” (what has Zuma done).
Among the supporters was Louis Liebenberg, who said he was there to support Zuma.
“All the finances that have been cut-off from our real president Zuma and all his supporters must come back. God will provide and bless Zuma,” Liebenberg said.
He also called on President Cyril Ramaphosa to go.
“When one walks in the streets the people are not working, People of South Africa are not stupid they know from their heart of hearts. The only people that still stand with Ramaphosa are the people who fear him and we have not been given a spirit of fear but a spirit of God. Some political parties are dividing the people, we must come with one unity and say that the ANC has to reform, we all understand this whole reform business but we cannot reform under Ramaphosa that bows his knees to the UK and to America and tries to dictate,” said Liebenberg.
The Star