Court orders Jacob Zuma, 79, back to jail

Court orders Jacob Zuma back to prison after voiding his medical parole

By Jeph Ajobaju, Chief Copy Editor

A dodgy medical reason Jacob Zuma gave to get out of incarceration in September has been ruled “unlawful” by a High Court in South Africa and has ordered him back to jail for a crime committed while President between 2009 and 2018.

He faces separate charges of corruption about an arms deal for which he could spend additional time behind bars if found guilty for abusing his office to enrich himself.

Zuma, 79, was jailed for 15 months in July by the Constitutional Court, the highest court in South Africa, for failing to testify at an enquiry into state looting during his presidency.

The BBC reports that he went to prison in July when he handed himself in to police after a public stand-off, but his jailing, unprecedented for a former president, sparked violent protests and looting.

More than 300 people, mostly in Zuma’s stronghold of KwaZulu-Natal province, died in the protests.

Zuma was freed on September 5 for an undisclosed medical reason but the court in Pretoria ruled on Wednesday that his medical parole was “unlawful” and the time spent out of prison should not be counted in his sentence.

He had testified only once at the inquiry into what has become known as “state capture” – meaning the allegation that government decisions were being taken on behalf of business interests through a corrupt relationship.

Zuma has repeatedly said he is the victim of a political conspiracy.

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Big victory for the rule of law

Prison authorities say his release on parole was compelled by a medical report, but his ailment has never been disclosed.

He did, however, undergo surgery after he was imprisoned.

His spokesman said at the time that imprisonment had had “an exponential impact in terms of deteriorating his condition”. His lawyers also argued that his illness had rendered him incapacitated.

South Africa’s main opposition party, the Democratic Alliance, which was part of the legal challenge against the decision to release Zuma from prison, welcomed Wednesday’s ruling.

“This is a big victory for the rule of the law and the principle of equality before the law,” its leader John Steenhuisen said.

The court ruled that the decision by the head of the correctional service, Arthur Fraser, a known ally of Zuma, to release him on medical parole was “reviewed, declared unlawful, and set aside”.

Zuma is expected to appeal against the decision.

Authorities prepare for protests

The BBC reports that the decision to revoke Zuma’s parole has sent shockwaves across South Africa.

Some of his supporters are threatening mass protests reminiscent of the violence in July that left hundreds dead and led to costly destruction of businesses.

But other citizens have welcomed the ruling, saying it sends a strong message that all are equal before the law.

Many expect Zuma to mount another vigorous legal fight against the ruling. He once said that serving a prison sentence – at his age and amid a global pandemic – was akin to a death sentence.

Rhetoric aside, the authorities are not taking any chances and the BBC understands that law enforcement agencies, who were caught off-guard by the last unrest, are preparing to counter possible violent protests and looting if Zuma is jailed again.

History of Zuma’s legal tangles

2005

Charged with raping family friend – acquitted in 2006

2005

Charged with corruption over multi-billion dollar 1999 arms deal – charges dropped shortly before he becomes president in 2009

2016

Court orders he should be charged with 18 counts of corruption over the deal – he appeals, but in 2017 loses a bid to overturn them

2016

Court rules he breached his oath of office by using government money to upgrade private home in Nkandla – he repays the money

2017

Public protector says he should appoint judge-led inquiry into allegations he profiteered from relationship with wealthy Gupta family – he denies allegations, as do the Guptas

2018

Zuma approves inquiry into claims of state looting

2018

The National Prosecuting Authority confirms Zuma will face prosecution for 12 charges of fraud, one of racketeering, two of corruption and one of money laundering, relating to the arms deal, which he denies

2021

Begins a 15-month jail sentence after the Constitutional Court orders his arrest for refusing to testify at the commission into state looting