'Not only for Zuma' - Lamola defends remission decision

Speaking on Friday, Lamola made it clear that the decision was not only for the benefit of Zuma.

Lamola announced the decision on Friday morning together with Correctional Services boss Makgothi Thobakgale.

Zuma was sentenced in June 2021 after refusing to testify before the commission of inquiry into state capture -- but was freed on medical parole just two months into his term.

In November last year, the Supreme Court of Appeal found the release was illegally granted and ordered the now 81-year-old back to the Estcourt Correctional Centre.

ZUMA SPECIAL TREATMENT?

Lamola insists that Thobakgale had complied with the SCA judgment ordering Zuma to return to prison to complete his 15 months jail term.

 However, this couldn't have been possible as they are battling an overcrowding problem.

According to Lamola, Zuma was released as a beneficiary of the remission of the non-violent offender.

This remission was approved by President Cyril Ramaphosa.

"The national commissioner has taken a decision in terms of the SCA judgment that the former president must come back to the facility, which is in compliance with the order," said Lamola.

"Because the order was saying that the decision was unlawful, therefore, it need to be complied with. That is the first decision that the national commissioner has taken.

"So in terms of the SCA, the national commissioner's decision was that the former president must come back into the facility to comply with the decision of the SCA.

"But on a parallel problem, we have the challenge of overcrowding in the facilities, which we have to attend to as a matter of urgency, which has now been exacerbated by the loss of bed space at  Kutama-Sinthumule," added Lamola.

LEGAL SCRUTINY

But will the decision withstand legal scrutiny? 

Lamola said he believes the government complied with the rule of law.

"Yes, we believe it will, because the president has exercised and taken a decision in line with the constitution.

"The president's decision is to remit sentenced offenders across the country, it is not a specific decision about former president Zuma. It's about all offenders across the country, 9,488.

"These are inmates who are inside the prison facilities who are going to be released into correctional supervision. Zuma will benefit from this.

"The first issue that the president is concerned about is the rule of law, and he believes that the rule of law has been served in this matter."

POLITICAL INTERFERENCE

Lamola also made it clear that there was no interference by him or Ramaphosa.

“Myself nor the president did not interfere with the decision of the national commissioner. We also allowed him to inform us of his decision, which he did.

"He informed me yesterday, about his decision about the former president, that he is complying with the Supreme Court of Appeal judgment.

"The judgment states that the former president must come back into the facility,  the decision to release him was unlawful, and therefore he must be brought back and in that process, already the process of remission had already started in April to look into the overcrowding facilities." 

Jacob Zuma Foundation spokesperson, Mzwanele Manyi confirmed that the former president is at home in Nkandla, KwaZulu-Natal.

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