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Zuma, Correctional Services to appeal court ruling ordering him back to jail

702 logo 702 2021/12/15
a man wearing a suit and tie talking on a cell phone: FILE: Former President Jacob Zuma at the inquiry into state capture on 17 November 2020. Picture: Xanderleigh Dookey/EWN © Provided by CapeTalk FILE: Former President Jacob Zuma at the inquiry into state capture on 17 November 2020. Picture: Xanderleigh Dookey/EWN

Former president Jacob Zuma is to appeal the judgement by the High Court in Pretoria ordering that he return to prison.

The Helen Suzman Foundation and the DA challenged the unilateral decision by former correctional services commissioner Arther Fraser to grant Zuma medical parole.

RELATED: Victory for the rule of law after court sets aside Zuma medical parole - lawyer

The Department of Correctional Services will also be appealing Wednesday's ruling.

Bruce Whitfield interviews legal journalist Karyn Maughan.

What is fascinating is that Jacob Zuma's lawyers filed that 11-page appeal application literally within a few hours of... that very far-reaching ruling...

Karyn Maughan, Legal journalist

... which is a sure fire indication that they perhaps pre-empted that things were not going to go their way.

Karyn Maughan, Legal journalist

The effect of those appeals is that the ruling is stayed until such time as a resolution is reached in terms of that leave to appeal application, which undoubtedly if it fails, they will seek to revise in the Supreme Court of Appeal and possibly also the Constitutional Court.

Karyn Maughan, Legal journalist

After the July unrest, there is concern that the re-incarceration of Zuma would lead to further violence.

Maughan says the judge referred obliquely to this issue when he examined Arthur Fraser's reasons for getting involved in Zuma's medical parole.

Fraser said that he feared unrest if Jacob Zuma died behind bars, given what had happened in July... The court saying, ultimately, that threats of violence cannot be a reason to grant someone medical parole.

Karyn Maughan, Legal journalist
a man wearing a suit and tie © Provided by CapeTalk

Given that we have that constitutional fundamentality of equality before the law it certainly cannot be that, because we fear violence from people that hold politically powerful positions, we cannot insist on an adherence to rule of law.

Karyn Maughan, Legal journalist

One must remember that the very reason why we are in this situation is because the former president, like PW Botha with the TRC, refused to account for his conduct while in office.

Karyn Maughan, Legal journalist

Listen to the interview in the audio below:

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