BY Ebunoluwa Olafusi
South Africa’s Supreme Court of Appeal has ordered Jacob Zuma, the former president, back to prison to finish his sentence for contempt of court.
The court, on Monday, said the decision to release Zuma on early medical parole was unlawful.
In June 2021, Zuma was sentenced to 15 months in prison after he was found guilty of contempt of court following his refusal to appear before a graft panel.
The former president had defied an order by the constitutional court in January to appear at an inquiry into corruption while he was president.
However, in September 2021, he was released on medical parole but a high court ruling set aside the parole decision and ordered him to return to jail.
Zuma appealed the ruling, and on October 7, the department of correctional services said he had completed his sentence and, subsequently, he was freed.
But Tati Makgoka, the presiding judge, ruled that the decision to grant Zuma parole against the advice of the Medical Parole Advisory Board, a specialist body, was unlawful.
“The effect of setting aside this declarator is that once the order in this appeal is handed down, Mr Zuma’s position as it was prior to his release, medical parole will be reinstated,” the judge said.
“In other words, Mr Zuma, in law, has not finished serving his sentence. He must return to the Escourt Correctional centre to do so.
“On any conceivable basis, the commissioner’s decision was unlawful and unconstitutional. The high court was correct to set it aside.”
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