The South African Constitutional Court last week dismissed the Department of Correctional Services’ application for leave to appeal a ruling that former president Jacob Zuma must go back to prison.
In the ruling handed down on Thursday, the apex court found that the DCS’s appeal “bears no reasonable prospect of success” and dismissed the application with costs.
DCS sought to appeal the Supreme Court of Appeal’s ruling in November last year that former correctional services boss Arthur Fraser unlawfully authorised Zuma’s release on medical parole in September 2021.
Zuma was jailed for contempt of court after he refused to obey the Constitutional Court’s order that he must appear before the Zondo Commission to answer to allegations of abuse of office and corruption during his tenure as president.
The unanimous judgment penned by Judge Tati Makgoka, said Zuma must return to the facility and complete his sentence.
What transpired?
In 2021, Zuma was sentenced to 15 months imprisonment after refusing to appear before the Zondo Commission that was investigating him over corruption he allegedly committed during his nine years as president.
The 81-year-old handed himself to police in July 2021 after a public stand-off, but his jailing, unprecedented for an ex-president, sparked violent protests and looting.
In December 2021, the High Court set aside the parole decision and ordered Zuma to return to jail. But Zuma appealed and remained free.
The Supreme Court ruled on Monday, November 2022 that the decision to grant Zuma medical parole against the advice of the specialist Medical Parole Advisory Board had been unlawful.
That ruling was challenged by the National Commissioner of Correctional Services, but the Constitutional Court on Thursday, 13 July 2023 found that the challenge had “no reasonable prospects of success” and should be dismissed.