The Supreme Court of Appeal has reserved judgment in former President Jacob Zuma’s appeal to overturn a decision that found his release on parole unlawful.
The appeals court on Monday heard submissions from Zuma and the Department of Correctional Services where they argued that former commissioner, Fraser, acted lawfully when he granted Zuma parole on medical grounds.
Zuma was granted parole by Fraser despite the medical parole advisory board’s finding that he was not eligible for parole.
Advocate Dali Mpofu has argued that former President Jacob Zuma needs 24-hour care and it would not be possible to provide the 80-year-old with this while locked up in prison.
“It should be noted that according to SAMS — that’s the military people — the condition of Mr Zuma required that he be under care of a medic on a 24-hour basis, a situation which was not possible at the facility as the correctional centre can only accommodate inmates overnight,” said Advocate Dali Mpofu, Zuma’s legal representative.
“Therefore the medic could not be allowed to spend 24 hours with Mr Zuma as the medic could not be accommodated in the correctional facility.”
He also told the appeals court that sending Zuma back to jail and disregarding the time he’s spent outside on parole, would be like a “double sentence”.
Mpofu said that medical reports were considered by two doctors in favour of parole and described these as a “diagnosis” of Zuma’s condition.
Advocate Sy Mphahlele, representing Correctional Services, said that it was not correct that recommendations from the parole advisory board were binding.