The Jacob Zuma Foundation has argued that former Correctional Services Commissioner, Arthur Fraser acted within his power when granting former President Jacob Zuma medical parole in September.
The Foundation says Section 75 of the Correctional Services Act gives the Commissioner the final authority in such matters. The Department of Correctional Services and Zuma’s legal team are relying on this argument, in their appeal of the Pretoria High Court’s judgment nullifying Zuma’s medical parole.
The court ruled that Fraser’s decision to place Zuma on medical parole was unlawful and ordered that he return to prison for the completion of his 15-month sentence for contempt of court.
The Foundation’s spokesperson Mzwanele Manyi says, “They’ll also point out to the Judge that actually Section 79, when in fact the primary section in the Correctional Services Act was in fact that was applicable in this case was actually Section 75 which Section gives the final authority on such matters to the Commissioner. So the Commissioner acted within his power in terms of that Section. They’ll also point out to him that in fact, even the issue about terminal illness is actually totally wrong. The first point is that the Medical Parole Advisory Board did not anywhere, in its report, say anything about the fact that [former] President Zuma is not terminally ill.”
Arthur Fraser’s decision to parole Zuma unlawful | Samkele Maseko updates:
In the related video below from September, Fraser stands by his decision to release Zuma on medical parole: