Photo: Michel Bega
The department of correctional services’ Constitutional Court appeal on former President Jacob Zuma’s medical parole is unlikely to succeed and “a waste of time and money”, according to a legal expert and the Democratic Alliance (DA).
The department’s spokesperson, Singabakho Nxumalo, defended the decision, saying it was important to appeal the recent Supreme Court of Appeal’s judgment, as “a lot of people are asking us about the way forward”.
“We will spell everything out in our papers; everything will be on our papers on why we are appealing. The other parties must also respond to that [their papers],” said Nxumalo.
The department would have not filed anything if they did not believe there would be prospects of succeeding. If the Concourt finds against them, they would seek legal advice on a way forward, he said.
“For now we took advice on the judgment. There are prospects another court may rule in our favour,” Nxumalo said.
But Democratic Alliance leader John Steenhuisen has described the department’s appeal foolish and a “complete waste of citizens’ money”.
“It is a futile case which has been struck down by the High Court and the Supreme Court of Appeal’s scathing rebuke of the conduct of the department.
“The prospects [of success] are dismal. This is just another delaying tactic on behalf of the department and Zuma to subvert the course of justice.”
Steenhuisen said despite the department being hell-bent on saying there was nothing they did wrong in granting Zuma parole, they have no choice but to send Zuma back to prison.
“Failure to do so would see the department in breach of the law and violating a court order. The department has already been exposed for their shameless behaiviour. They should stop digging themselves further into a hole, do the right thing and respect the law,” he said.
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Legal expert and attorney Mpumelelo Zikalala said the department might argue that the court made an error in terms of the powers of the commissioner.
“They might say the commissioner had the powers to overturn whatever report or advice he received from medical experts, but I don’t think that will pass.
“Another reason would be that the court has asked them to the extend the prison term of Zuma. Correctional services do not impose sentences but preside over them.”
Zikalala said believed the SCA was wrong to order Zuma back to prison to continue serving his sentence.
“You cannot take out an order which has elements of being unjust. If Zuma goes back today, it means he will have two months before he is elegible for parole.”
Mzwanele Manyi, the Jacob G Zuma Foundation spokesperson, has described the SCA’s judgment as a sea of uncertainty.
“Only one thing is certain: our country is in deep and serious trouble”.
Manyi said the medical parole in question was applied for by one of the independent medical doctors and not Zuma.
“Yet it is not those individuals but [former] President Zuma who must be punished for both the application and the decision,” saaid Manyi.
He lambasted judges of the SCA who instructed Zuma to go back to the Estcourt Correctional Centre. “Since when is it the business of judges to even prescribe the name of the prison where a person must be incarcerated?
“Should judges play God? Should they be complainants, judges and executioners in their own cause?”
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