A South Africa high court judge is deliberating whether former South Africa President Jacob Zuma should continue on medical parole after his release in September to home detention.
Zuma was imprisoned in July for 15 months for contempt of court. He was order released by Arthur Fraser, the then-national commissioner for correctional services, even though a medical advisory parole board said he was not eligible to be freed.
Presiding Judge Elias Matojane in Tshwane began hearing motions this week by three civil society organizations to send the 79-year-old Zuma back to prison.
Advocate Ismail Jamie, representing the civil groups, said Fraser “had no solid ground” on which to release Zuma.
“The A-requirement, terminal disease or physical incapacity, can only be decided and determined by a doctor," Jamie said. “He is not in a position to make that decision as to whether any inmate is suffering from a terminal disease or condition or is physically incapacitated in that matter.”
Zuma’s legal team said he suffers from multiple chronic diseases, which it will not publicly disclose on grounds that medical information is private.
Despite being on home detention, Zuma has attended meetings with friends, held several press conferences, and voted in person during the recent local government election.
Advocate Thabani Masuku, who leads Zuma’s legal team, said the former president’s public appearances are not evidence that his health is improving and that those advocating for his return to jail are pushing a political agenda.
“What they are really seeking to do is to humiliate Mr. Zuma," Masuku said. "It is also to ensure that he only comes out of prison when he’s on a wheelchair or he comes out of prison when he’s about to die.”
Masuku told the court that Fraser had the legal power to overrule the medical parole board and that he used the diagnosis provided by Zuma’s physician as grounds for parole.
Legal expert William Booth said it appears that Fraser had proper medical information to set the release.
“I’m not sure exactly what medical reports were submitted to the medical parole board," Booth said, "But the test is whether Mr. Zuma is in a critical situation, medically, for him to have been released." .
Booth said that if Zuma were ordered to return to jail, he would likely appeal the ruling.
"We look at the history of Mr. Zuma’s matters, every single one seems to go from one court to the other," Booth said. You could still have a long process."
Matojane did not set a date for his ruling.
