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ConCourt Dismisses Bid To Overturn SCA Ruling On Zuma

Former president Jacob Zuma must return to prison while the acting Correctional Services commissioner decides on the status of his parole

The Constitutional Court on Thursday dismissed a bid by the Department of Correctional Services to overturn a previous Supreme Court of Appeal ruling.

In November last year, the SCA upheld a 2021 Pretoria High Court ruling which dismissed Zuma’s leave to appeal application.

The SCA said that it is up to acting Correctional Services Commissioner Makgothi Thobakgale to decide whether the time Zuma spent on medical parole should count towards his sentence but that he must return to prison in the meantime.

Zuma was given a 15-month jail sentence by the Constitutional Court for contempt after he refused to testify at the Commission of Inquiry into allegations of State Capture.

He was granted medical parole by former Correctional Services national commissioner, Arthur Fraser, in September 2021 – but this was challenged in court after Fraser admitted to overriding a Medical Parole Advisory Board’s decision not to release the former president from jail.

The Concourt has dismissed the department’s application with costs saying it had no reasonable prospects of success.