There’ve been mixed reactions to the Pretoria High Court’s judgment ordering that former President Jacob Zuma returns to prison for the completion of his 15-month sentence.
Zuma was sentenced to 15 months imprisonment after failing to comply with the Constitutional Court order which compelled him to appear before the State Capture Commission.
The court on Wednesday ruled that former National Commissioner of Correctional Services, Arthur Fraser’s decision to place Zuma on medical parole was unlawful. Fraser released the former President on medical parole against the advice of the medical parole board. Prompting the DA, Helen Suzman Foundation and others to launch a court bid against the decision.
The court declared that the time Zuma was out of jail on medical parole should not be counted for the fulfilment of his sentence.
Zuma started serving his 15-month sentence in July 2021 and what followed was widespread violence and destruction. More than 350 people lost their lives in KwaZulu-Natal and Gauteng.
Damage to infrastructure and property was estimated at around R50 billion, leaving the country on edge.
Responses among South Africans
While some have hailed the judgment as a victory for the rule of law, others have questioned the purpose of the judgment.
In Durban, some residents believe sending Zuma back to jail isn’t the right decision.
“I don’t think it’s in the best interest of this country and all the provinces that Zuma if he has to go back to correctional services it’s not a good idea. It’s not wise for this country” said one concerned person.
Another argued that Zuma was not being treated fairly. “It is painful to see what is happening. We have seen many leaders. In this country but no one has been through what Zuma is currently going through.”
Others fear it could plunge the country into chaos again. “I don’t think that should happen, that once happened and we saw what happened afterward. The looting that took place and criminality.”
But this resident says while Zuma’s age and poor health are matters of concern, nobody is above the law.
” It’s a bit of a shame and I also believe when you look at the age of the former President, we have to understand for medical conditions perhaps he should be confined to his home, his family. But for one and all regardless of race, socio-economic status, we need to let the law follow its course.”
Reaction on Zuma’s medical parole ruling: Lawson Naidoo
Former Spokesperson of uMkhonto we Sizwe Military Veterans Association, Carl Niehaus, who is suspended from the ANC, believes Zuma should not have been arrested in the first place.
Niehaus says the decision for Zuma to go back to jail is “an outrageous judgment, a judgment that just reflects once again that our legal system and our courts are captured.”
Niehaus reacts to the court ruling:
Legal woes, unrest
Zuma handed himself in on July 7 to begin his prison sentence, triggering the worst violence South Africa had seen in years, as angry Zuma supporters took to the streets.
The protests widened into looting and an outpouring of general anger over the hardship and inequality that persist 27 years after the end of apartheid.
Appeal against judgment
However, it’s not yet the end of the road for the former President. With limited avenues at his disposal, Zuma’s legal team has launched an appeal against the judgment.
Jacob Zuma Foundation’s Zwanele Manyi says, “Indeed the legal team of his Excellency President Zuma has just delivered its application for leave to appeal in terms of Section 17 of the Superior Courts Act on the grounds that the judgment is clearly wrong and there are strong prospects that a Higher Court will come to a totally different conclusion.”
DA leader John Steenhuisen says, “Obviously, we’re very happy. Obviously, it’s not a good thing that somebody goes to jail. It’s not something to celebrate but I think what we can celebrate is that the rule of law is being upheld in South Africa and the principle of equality before the law and I think the judge’s findings were scathing on the conduct of Mr Arthur Fraser… the rules will apply equally to everybody.”
A stance the EFF disagrees with. EFF spokesperson Vuyani Pambo says, “Arresting Zuma is nothing but political revenge. If the law must serve the purpose of rehabilitation or bringing order to society, what is the purpose of arresting Zuma again? Why is Zuma a threat to society or what need is there to rehabilitate him? It’s a malicious use of the law. The point is that he must be corrected. And in this case, it looks like there is a clear mandate to punish as opposed to correct.”
Meanwhile, some Durban residents fear a repeat of the widespread unrest in July in KwaZulu-Natal and Gauteng.
The decision to appeal means Zuma will not be going to jail until that application is heard. -Additional reporting by Zoleka Qodashe and Reuters
