The spokesperson of the foundation, Jimmy Manyi, tells OFM News that they are confident with the argument brought forward by Senior Counsel (SC) Advocate Dali Mpofu, that the former Correctional Services Commissioner Arthur Fraser was well within his rights to grant the former president parole. 

He says nothing prohibited Fraser to grant Zuma medical parole despite the medical parole advisory board's advice and recommendation that Zuma was not eligible for parole. He says the board bears no legislative powers but mere regulation powers. Manyi adds that, in terms of the Correctional Services Act, Fraser, who was the commissioner, could and had the right to overlook the recommendations by the board and grant Zuma parole after he was given a 15 months prison sentence for being in contempt of court. Judgment has been reserved by the SCA.

Meanwhile, the Helen Suzman Foundation, DA and the lobby group AfriForum, amongst others, want the Appeal Court to confirm the Pretoria High Court’s judgment and send the former president back to jail. The complainants, in this case, argue that Zuma received special treatment and was not eligible for medical parole.

They argue that if the SCA judges were to find that the Pretoria High Court judgment is correct, then the time Zuma spent outside on medical parole should not count as time served in prison. However, Manyi expelled the argument and called it nonsensical. He says it’s a given that if one is on medical parole, time spent outside should count as part of the sentence. He adds that Zuma was not on holiday but was under the Correctional Services’ supervision at all times.

“When we got to the court, SC Mpofu had to do a workshop and clarify that first and foremost there is no parole board to talk about. What we must talk about is the structure that did the recommendation, which is not a parole board but instead a medical parole advisory board.

“So when you are an advisor you don’t have final authority, anyway, in life. Once you are an advisor you remain an advisor, you give advice and the principal will still decide,” Manyi adds.

In 2021, Constitutional Court judges sentenced Zuma to 15 months imprisonment. This, after he failed to appear before the State Capture Commission of Inquiry, chaired by Chief Justice, Raymond Zondo.

Justice Sisi Khampepe found him guilty of contempt of court and sentenced him as such.

However, Zuma denied that he did not want to appear before the commission. He maintained that he merely wanted Zondo to recuse himself, given the alleged history between the two.

OFM News