Durban - The Department of Correctional Services has confirmed that it will appeal the Supreme Court of Appeal's decision on Jacob Zuma's medical parole.
On Tuesday, the SCA unanimously confirmed that the medical parole granted to the former president by then-prison boss Arthur Fraser was unlawful – and it ruled he should return to jail.
IOL reported that in a decision written by Judge Tati Makgoka, the SCA stressed that the effect of its order that Zuma had unlawfully been granted medical parole was that "Mr Zuma, in law, has not finished serving his sentence".
News24 reported that Zuma had to return to the Estcourt Correctional Centre and the SCA said it could not decide on whether Zuma's time spent on unlawfully granted medical parole should be taken into account in determining the remaining period of his incarceration. That, the SCA said is up to the commissioner to decide.
DCS spokesperson, Singabakho Nxumalo, said the DCS is to file leave to appeal the judgment handed down by SCA.
"Having carefully studied the judgment, Correctional Services is convinced that another court may arrive at a different conclusion. DCS is considering this course on the basis of the interpretation and application of the Correctional Services Act and other relevant prescripts," he said.
In a statement following the SCA's ruling, The Jacob Zuma Foundation said the former statesman has instructed his legal team to craft an opinion to advise him of his legal options within the next few weeks.
"There is no new crisis and we should leave the matter in the hands of the law and our democratic institutions," the foundation's Mzwanele Manyi said.
MEDIA STATEMENT pic.twitter.com/xTeE5qG4Jr
— JGZuma Foundation (Official) (@JGZ_Foundation) November 22, 2022
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