Last updated on 2021-12-17
In the wake of yet another unsatisfying judgment and what he sees as unjust treatment in the courtroom, ex-president Jacob Zuma has taken another legal step, hoping to achieve justice.
A Pietermaritzburg High Court recently rejected Zuma’s special plea that state prosecutor Billy Downer be removed from the arms deal corruption trial because he brought charges against him and was biased.
In response, Zuma filed an appeal with the Supreme Court of Appeal.
In a statement on Wednesday, Zuma’s lawyers said they had filed an appeal against the North Gauteng High Court ruling that Zuma’s parole was unlawful.
In light of Section 17 of the Superior Courts Act, the legal team believes a higher court would rule in a different way.
This follows the Gauteng High Court ruling that former National Commissioner for Correctional Services, Arthur Fraser, committed an unlawful act by placing Zuma on medical parole. It also ordered him to return to prison for the remainder of his 15-month sentence.
In his judgment, Justice Keoagile Elias Matojane dismissed every argument given by Fraser for overruling the Medical Advisory Board’s recommendation as “irrational”, “irrelevant” and “an error of law”, and stated that Fraser had “unlawfully mitigated the punishment imposed by the Constitutional Court, thereby rendering it ineffective, undermining trust in the courts, the rule of law and the Constitution itself.”
Zuma was imprisoned for refusing to testify before the Zondo Commission of Inquiry, which investigated corruption during his administration, in violation of the second Constitutional Court order.
The Jacob Zuma Foundation condemned the ruling as sending Zuma to Correctional Services, which has a track record of failing to provide medical care, effectively sentencing him to death.
According to the Department of Correctional Services, Zuma was admitted to a hospital for routine medical observation on August 6.
On August 14, he underwent surgery for an unspecified ailment and stayed in the hospital for further medical treatment.
The former President was granted medical parole on September 5, provided he completed the rest of his term under a community corrections system. He was also permitted to receive medical care at home instead of in a hospital.
Zuma was admitted to a hospital on August 6 for routine medical observation, according to the Department of Correctional Services.
He later underwent surgery for an unspecified condition on August 14 and had to remain hospitalized to undergo further medical procedures.
On September 5, he was allowed medical parole, provided he completed the rest of his sentence under the system of community corrections.
In addition, he was allowed to receive medical care at home instead of a hospital.