Zuma granted leave to appeal parole judgement
Former president Jacob Zuma has been granted leave to appeal the judgment ordering that he return to prison at the High Court in Gauteng.
The North Gauteng High Court last week ruled that the decision by former National Commissioner of Correctional Services Arthur Fraser to release Zuma on medical parole was unlawful and invalid and set it aside.
The court ruled that the time Zuma spent on medical parole would not count as time served.
Today Judge Elias Matojane heard his legal team's arguments in their application for leave to appeal the ruling.
Advocate Dali Mpofu's arguments centered around the former president's age and health.
The court heard that the order that the time Zuma spent on parole would not count towards his sentence was unfair because the former president did not grant himself medical parole.
The DA, Afriforum and the Helen Suzman Foundation opposed the application, arguing that an appeal had no prospects of success.
The DA argued that Zuma had full access to medical care in prison and his condition optimally managed.
He has granted the application.
Judge Matojane granted the application.
He said the matter warrants the Supreme Court of Appeal's attention to bring certainty in the correct interpretation and application of the provisions.
Matojane said there was a reasonable possibility another court would find differently on the matter of time on parole counting towards Zuma sentence.
"As this impacts on him unfairly in that it was not his decision but that of the commissioner to be released on medical parole. His meeting with his political allies and a prayer meeting was a once-off thing.
"His freedom of movement is restricted and this has an impact on his dignity. He is serving his sentence, albeit outside prison, because his illness and advanced age.
"Because of his illness and advanced age he needs compassion, empathy and humanness, which is the essence of uButhu. In my view another court may take this into consideration and come to a different finding accordingly."
Zuma was sentenced to 15 months in prison for contempt of court after he defying a Constitutional Court order to testify before the State Capture Commission of Inquiry.
He served a fraction of the sentence at the Estcourt Correctional Centre before being released on medical parole in September.
