DA asks court to set aside Zuma's medical parole
The Democratic Alliance (DA) will apply to the court to overturn and set aside Correctional Services National Commissioner Arthur Fraser's decision to grant corruption-accused former president Jacob Zuma medical parole after the Medical Parole Advisory Board advised against it.
It emerged on Sunday that Zuma, serving a 15-month sentence for contempt of court, was granted medical parole. Fraser admitted earlier this week that he overruled the Medical Parole Advisory Board.
And so Zuma joined Schabir Schaik and disgraced former police commissioner Jackie Selebi among the politically connected who were granted medical parole.
DA leader John Steenhuisen, flanked by MPs Siviwe Gwarube and Glynnis Breytenbach on the steps of the National Assembly on Friday morning, said Fraser's decision "makes a mockery of the judicial processes and sends a very clear message to South Africa that if you're politically connected, you don't need to worry, because there is a different set of rules for the ANC and their cadres and another set of rules for the people of South Africa".
The DA believes the decision is illegal on two grounds: First, it was taken against the recommendation of the Medical Parole Advisory Board not to grant medical parole to Zuma. Second, it was taken for an ulterior purpose not permitted by Section 79 of the Correctional Services Act and regulations and not rationally connected to the purpose of medical parole or the information before the Commissioner.
Steenhuisen said Zuma was imprisoned for contempt of court so serious that it constituted a near-existential threat to the authority of the judicial system, and Fraser's parole decision harms the court in the same way that Zuma's contempt of court did.
Earlier this week, President Cyril Ramaphosa, delivering closing remarks after an ANC NEC lekgotla, welcomed Zuma's release on medical parole.
According to Steenhuisen, Ramaphosa's "Cheshire cat grin" as he said this, was telling.
Steenhuisen said, "It is a terrible indictment too on the president, that he not only failed to speak out against the egregious decision, but in fact, he openly welcomed it. When the president stood on the steps to take the oath of office, he swore to uphold the Constitution and all other laws of the Republic. The Correctional Services Act and regulations are laws of the Republic."
He said Ramaphosa transferred Fraser from his position as Director-General of the State Security Agency to the post of National Commissioner of Correctional Services in 2018, knowing full well the many accusations against Fraser, including the parallel intelligence network he set up to serve Zuma's personal interests. He said this was later confirmed by the High-Level Panel's report, which was handed to Ramaphosa.
"The president continues, therefore, to put his party's interests against the interests of justice and the rule of law and the principle of equality before the law at tremendous risk."
Breytenbach, the party's spokesperson on justice, said the decision to grant Zuma medical parole wasn't lawful and rational, and she has no doubt that the court will rule in their favour.
She said she wouldn't be surprised if Fraser's contract were extended.
She said, "With all the ANC cadres on their way to jail, he might be a useful fellow to have there [at Correctional Services]"
She said Fraser should come and explain himself to the Portfolio Committee on Justice and Correctional Services. She has already written to committee chairperson Bulelani Magwanishe in this regard.
While the National Assembly is on recess from Friday in the run-up to the local government elections, Breytenbach believes nothing prevent the committee from meeting on this matter.
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