Justice & Correctional Services Minister Ronald Lamola and his police counterpart Bheki Cele are facing legal action in a bid to stop the possible rearrest of former President Jacob Zuma.

This is on the back of the news that the Department of Correctional Services has asked interested parties for their submissions on whether or not Zuma should return to prison.

As previously reported, the Constitutional Court earlier this month dismissed a bid to overturn the SCA’s November 2022 ruling that former Correctional Services Commissioner Arthur Fraser’s decision to grant Zuma medical parole was unlawful.

Acting Correctional Services Commissioner Makgothi Thobakgale has now called for input from interested parties on whether Zuma should return to prison or, essentially, if his time on medical parole should count as time served.

The Sunday Tribune reports that the Hola Bona Renaissance Foundation has written to Lamola and Cele demanding an undertaking that Zuma would not be returned to prison following his medical parole being granted in 2021.

The organisation wants the Ministers to give an undertaking that Zuma will not be jailed upon his return from Russia, where is seeking treatment for an undisclosed illness following the Constitutional Court’s dismissal of Thobakgale’s bid to overturn the ruling setting aside Zuma’s medical parole.

The foundation’s lawyers, Zehir Omar Attorneys, state that following the apex court’s ruling dismissing Thobakgale’s application it now meant that the order directing that Zuma be imprisoned still stood.

It noted that the Department of Correctional Services took into account that Zuma was 79 at the time he was granted medical parole and was frail.

Correctional Services spokesperson Singabhako Nxumalo told The Sunday Independent that the department had asked interested parties to make representations before Friday.

‘Thereafter, the national commissioner will consider every material relevant, including guiding prescripts within the space of corrections, and make a decision,’ he said.

Full Sunday Tribune report

The Jacob Zuma Foundation remains adamant that the former President has served his time.

EWN reports the foundation’s Mzwanele Manyi said Zuma already indicated his alignment to a statement the department issued last October to the effect that his sentence was complete.

‘President Zuma was given approximately 48 hours to make such a submission. The deadline was met. The foundation is suspicious that this sudden extension is probably occasioned by political interference of sorts, or the opposing parties need more time to counter the unassailable submission of ... Zuma.’ 

Manyi said when Zuma was placed on medical parole at the prerogative of the Correctional Services, ‘he was still not a free man’.

‘He could not even do the required African rituals ahead of the burying of his brother. Zuma was not even allowed to hold press briefings and had to report his movements to the designated Correctional Services officer. No free person does this.’

Full EWN report