Zuma’s release a ‘cover-up’: Expert opinions clash

The furore and suspicion around former president Jacob Zuma’s release under a special remission granted to nearly 9 500 prisoners on the same day ahead of the national elections next year isn’t going to go away any time soon.

Some experts say Zuma should not be treated like a “black sheep”, but others say he should face the law.

Head of political studies and international relations at NorthWest University Dr Benjamin Rapanyane said it was highly likely the ANC had considered the potential impact of keeping the leader of the radical economic transformation (RET) faction in prison.

“Among the impacts would be the RET forces rallying behind Zuma and some denouncing their memberships and going on a rampant campaign against the current ANC leadership.

“I would not rule out the possibility of ANC comrades starting a fire in Kutama Sinthumule Correctional Centre to give credence to the special remission that would finally free Zuma for winning Kwazulu-Natal back in the coming national elections.”

Justice Minister Ronald Lamola said yesterday the recent loss of 3 024 beds at Kutama Sinthumule due to fire meant overcrowding would increase by 4%, raising the overcrowding rate to 47.06% and the occupancy rate would increase 147%.

Rapanyane said Zuma must face the law.

“But so should all the ANC politicians, bureaucrats and other tenderpreneurs who managed to feed off the system.

“I am appalled that it was up to the correctional services commissioner who goes and who does not go to jail. Then why even have a trial? We all know they have strong networks and know each other in one way or another.”

Rapanyane said Zuma’s release in the name of a special remission was a cover-up amid fear of more unrest similar to what happened in July 2021.

“When are we ever going to hold our politicians to account? That time is not foreseeable,” he said. Political analyst Dr Fikile Vilakazi said the criminal justice system was good at implementing the law, but fell short on the humane aspect.

“It is sensational for an 80-year-old to be sent back to prison, regardless of who that person is. In another sovereign state, such things wouldn’t even make headlines.

“For South Africa, sending the former president to prison would be a travesty of the traditional system.”

Criminologist Prof Jaco Barkhuizen said the legality of Zuma’s release was still up in the air.

“It seems there was a parallel process where a special dispensation was given to everyone, including Zuma.

“There is a perception the rich get richer and get out of prison and the poor get prison.”

Barkhuizen said this special release of prisoners was never mentioned in parliament. “One hopes everything is above board.” he said.

Rural criminologist Prof Witness Maluleke said the remission granted to Zuma to avoid jail proved the application of the law could be discretionary based on social standing, personal status and image.

He said the decision went against Section 165 of the constitution, which protected independence, impartiality, dignity, accessibility and effectiveness of court orders.

“To this end, Section 84(2) (j) of the constitution, 1996 provides; the president can pardon or reprieve potential offenders, and Zuma is not an exception. It can be done in exceptional cases and his cases are no different,” he said.

“Importantly, the current health status of Zuma does not look good and the crimes he committed are not unique to what we are witnessing with highly profiled politicians across the country. It is understood he allegedly committed racketeering offences, but he gave his life for the country’s struggle, which should not be forgotten.

“He truly deserves his freedom.”