Former President Jacob Zuma was ordered by the Supreme Court of Appeal to return to jail. PHOTO: Twitter/@PresJGZuma

ICYMI: DCS to appeal SCA ruling on Zuma’s return to jail

The Department says the intended appeal of Jacob Zuma’s judgement to return to jail is based on its application legislation.


Former President Jacob Zuma was ordered by the Supreme Court of Appeal to return to jail. PHOTO: Twitter/@PresJGZuma

The Department of Correctional Services has announced that it would be appealing to the ruling by the Supreme Court of Appeal (SCA) on Jacob Zuma’s medical parole.


The Supreme Court of Appeal confirmed on Monday that the medical parole granted to the former President was unlawful. The SCA ruled that Zuma should return to jail.

The Department of Correctional Services immediate response was to study the judgment before announcing a way forward.

But the department confirmed on Wednesday night that it would instead appeal this ruling.

Spokesperson Singabakho Nxumalo said the Department of Correctional Services is to file leave to appeal the judgement handed down in Bloemfontein.

“Having carefully studied the judgement, Correctional Services is convinced that another court may arrive at a different conclusion.”

Singabakho Nxumalo

He said the Department is considering this route on the basis of the interpretation and application of the Correctional Services Act and other relevant prescripts, said Nxumalo.

The Department of Correctional Service will appeal the decision by the Supreme Court regarding Jacob Zuma returning to jail. PHOTO: FIickr.com/Government ZA

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The Supreme Court ruled against Zuma’s bid to avoid returning to jail. Zuma was sentenced to 15 months imprisonment in June last year. This was after he was found guilty of being in contempt of court as he failed to show up before the Commission of Inquiry into State Capture.

But he was released two months later on medical parole, which former Correctional Service boss Arthur Fraser approved.

However, High Court judge Elias Matojane ruled in December 2021 that Fraser erred in his decision. The judge ordered that the former President return to jail to serve the remainder of his sentence. This would be at the Estcourt Correctional Centre where he was serving his sentence.

The SCA said however that it has no power to determine how inmates should serve their sentences. The court also does not have the authority to state when an offender qualifies for parole.

Zuma was also ordered to pay legal costs for the Democratic Alliance (DA). This includes Afriforum as the two organisations challenged the medical parole release before the courts.

The DA had on Monday sent a lawyer’s letter to the acting National Commissioner of Correctional Services. The party is demanding that he confirms that Zuma will be back in prison by Friday.

The party gave the Commissioner until Wednesday to answer their demand.

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