The Supreme Court of Appeal (SCA) has dismissed ex president Jacob Zuma appeal about his medical parole.
The SCA’s judgment on Monday said Zuma must return to prison in Estcourt, KZN.
Mr Zuma can still appeal to the Constitutional Court, which would put the order on hold.
CSA set aside the high court’s declaration that the time the former president had spent on medical parole should not be counted as part of his sentence.
MEDICAL PAROLE APPEAL DISMISSED
“In determining the remaining time of incarceration, the national commissioner of correctional services might consider the time the has already on unlawfully granted medical parole. If the commissioner is empowered by law to do so”, said the SCA.
The appeal court said by setting this declaratory. The effect was that once the order in this appeal is handed down. Mr Zuma’s position as it was prior to his release on medical parole will be reinstated.
JACOB ZUMA SETBACK
“In other words, Mr Zuma in law has not finished serving his sentence. He must return to the Estcourt Correctional Centre to do so.”
Zuma together with the correctional service’s office of the national commissioner will split the costs between. This is for AfriForum as well as the Democratic Alliance, including the costs of counsel.
The former President was sentenced to 15 months’ imprisonment by the ConCourt. The sentence was for contempt after he breached its order to obey the lawful summons of the state capture commission.
He served less than two months before he was granted medical parole by Arthur Fraser. Who was the national commissioner of correctional services at the time.
The decision was challenged in the high court by the DA, the Helen Suzman Foundation (HSF) and AfriForum.
Their application was seemingly successful.