Zuma's time on medical parole won’t count as time served
The High Court
in Pretoria has ruled that former president Jacob Zuma's time on
medical parole will not count towards the completion of his 15-month sentence.
Former commissioner of the Department of Correctional Services, Arthur Fraser, undermined the Constitutional Court after he unilaterally overturned a decision by the medical parole board to place Zuma on parole.
Justice Keoagile Matojane says Fraser's decision to place Zuma on medical parole is an administrative exercise of public power in terms of law.
As such the decision must be lawful, rational reasonable and procedurally fair.
The applications seek to review the parole decision on these grounds.
The court ruled that Fraser doesn't have the medical expertise to overrule the recommendation of the medical parole board.
Neither are his reasons for releasing Zuma on medical parole connected with the requirements of law.
Matojane held that the placement on medical parole of an offender is extended to physically incapacitated offenders and those suffering from an illness that severely limits their daily activity or self-care.
Zuma's medical conditions do not fall within these prescripts.
Matojane held that Fraser acted irrationally and considered irrelevant considerations and acted for an impermissible purpose.
The court ruled that Fraser's unlawful intervention resulted in Zuma enjoying nearly three months of his sentence at home in Nkandla.
Fraser is also guilty of undermining the Constitutional Court and the rule of law after he unlawfully mitigated Zuma's punishment.
Zuma's time as a free man will not count towards the fulfilment of his sentence.
A cost order has also been issued against Zuma and Fraser.
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