Zuma faces new prison deadline
Former President Jacob Zuma has less than 10 days to make submissions to National Commissioner for Correctional Services Makgothi Samuel Thobakgale as to why he should not return to prison to serve out the rest of his 15-month sentence.
The Constitutional Court earlier this month dismissed Zuma's application for leave to appeal a SCA ruling that he must return to prison to finish his 15-month sentence, saying an appeal had ‘no reasonable prospects of success’.
The Jacob Zuma Foundation said Zuma is in Moscow for ‘health reasons’, but he is scheduled to appear in the KZN High Court (Pietermaritzburg) today.
A Business Day report says Thobakgale has asked Zuma to submit representations to him following the Constitutional Court judgment that upheld a previous SCA ruling that he should return to jail because he was granted medical parole unlawfully.
The commissioner, in exercising his decision as an administrator, is providing Zuma with an opportunity to respond because the decision affects his rights.
SA administrative law requires those affected by an administrative decision that will possibly infringe their rights as enshrined in the Bill of Rights to be given notice and an opportunity to respond.
Correctional Services spokesperson Singabakho Nxumalo confirmed to Business Day the department has reached out to interested parties in the matter concerning Zuma’s possible return to jail.
‘The Department of Correctional Services has reached out to interested parties to make representations before 4 August 2023. Thereafter, the National Commissioner will consider every material relevant to the matter, including guiding prescripts within the space of corrections and make a decision,’ Nxumalo said.
Two high-level sources in state security agencies said a probable outcome of the process is that Zuma is likely to be required to return to prison.
The DA, which has welcomed the Constitutional Court ruling declaring Zuma’s release as unlawful, has said it will make representations regarding his possible reimprisonment to Thobakgale today.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
