Former president Jacob Zuma. Picture: Supplied
Defiant to the last minute, former president Jacob Zuma was apparently given an ultimatum to either hand himself over, or be dragged out of his Nkandla homestead kicking and screaming.
To avoid arrest, Zuma’s motorcade sped out of the homestead at 11.20pm, minutes before the deadline for his imminent arrest on Wednesday, and handed himself over to the Correctional Services.
“He suddenly found himself between a rock and a hard place, so he surrendered to avoid being dragged out kicking and screaming. I was not there but I cannot imagine Zuma saying I am giving it up. It was clear to him that he either hands himself over or he will be arrested,” Accountability director sdvocate Paul Hoffman said.
He said Police Minister Bheki Cele and national police commissioner Genl Khehla Sitole would never make themselves guilty of contempt of the Constitutional Court by not acting on its orders to arrest Zuma.
The police ministry confirmed just after midnight that Zuma was in their custody, with the Department of Correctional Services (DCS) following suit hours later to confirm that Zuma has been admitted to start serving his 15-month sentence.
Ronald Lamola, Minister of Justice and Correctional Services, visited Zuma at Estcourt Correctional Centre in KwaZulu-Natal hours after his incarceration and said the former head of state was in good spirits.
According to Hoffman, Zuma could get a presidential pardon, but said the process could take up to three months and would require his legal team to plead with President Cyril Ramaphosa to do so.
“He will have to ask Ramaphosa and I do not know if Zuma would want to do that. His application at the Pietermaritzburg High Court is likely to be dismissed because of jurisdiction. An application by a way of an affidavit is established in our law, he cannot use his mistakes to complain,” he said.
According to North West University associate professor in the Faculty of Law Prof Elmien du Plessis, Zuma keeps all his perks and a law would have to be passed to take these away from him.
“He keeps all his perks. If they want to take it away, they need to make a law to that effect. Only sitting presidents who are impeached lose their benefits,” she said.
In 2019 it was revealed that in the previous five years, the government had spent at least R82m in public funds to support the lifestyles of former presidents.
Zuma’s post-presidential benefits reportedly include a guaranteed salary for life of about R3 million a year, as well as medical aid and a security detail.
Du Plessis agreed that a presidential pardon was at the discretion of the president and her understanding was that this was a lengthy period and was unsure if it was a viable option for Zuma.
She said Zuma would be eligible for parole after serving a quarter of his 15-month jail term, about three months and three weeks or less.
Independent analyst Solly Masilela said Zuma’s incarceration is important for the unity and renewal of the ANC, and this would be beneficial to the party in the coming local government elections.
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He said though this was a matter between Zuma and Chief Justice Raymond Zondo as chairperson of the state capture commission, it demonstrated the ruling party’s respect for the Constitution.
“This encourages and unites the top six around Ramaphosa in cleansing the party. That the government was willing to arrest Zuma at all costs demonstrated commitment to the Constitution. This will even bring back the party’s despondent members back into the fold, particularly the poor who did not benefit from corruption,” Masilela said.
He said this would however depend on the strength of the party internally as there will be a fightback from Zuma’s supporters.
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