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Dismissal of Zuma’s Prison Return

Tinashe Mupasiri



As a retired judge, I would like to comment on the recent dismissal of the bid to overturn the Supreme Court of Appeal’s ruling regarding former President Jacob Zuma’s return to prison.

The Constitutional Court’s decision to dismiss the application signifies the court’s affirmation of the SCA’s earlier decision, which upheld the Pretoria High Court’s ruling.

The underlying issue in this case was the review and setting aside of the former Correctional Services Commissioner Arthur Fraser’s decision to grant Zuma medical parole. While the SCA acknowledged that the current acting commissioner, Makgothi Thobakgale, should determine whether the time spent on medical parole would count towards Zuma’s sentence, it maintained that he must return to prison in the meantime.

The decision to turn to the Constitutional Court for an appeal was a legal avenue available to the commissioner’s office. However, the court’s dismissal of the application implies that it found no grounds to overturn the SCA’s ruling.

This case highlights the importance of upholding the rule of law and ensuring that legal decisions are respected and followed. It is crucial for the justice system to demonstrate consistency and impartiality in its application of the law, regardless of the individuals involved.

As a retired judge, I commend the courts for their diligent consideration of this matter and their commitment to upholding the principles of justice. The judiciary’s independence and adherence to the law are fundamental to the functioning of a just and democratic society.

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