Judgment sending Jacob Zuma back to jail shows nobody is above the law
OUTA welcomes the high court judgment reversing the poor decision taken by Arthur Fraser to release Jacob Zuma on medical parole in September. This judgment sends a strong signal that South Africa’s criminal justice system will not be fobbed off by decisions that flaunt the laws of this country.
For far too long, South Africa has suffered from a lack of accountability by people in positions of authority who have been responsible for gross misconduct. The public want to see the rule of law being applied to those who break the law, no matter their current or prior positions of authority. A lack of consequences means that our government will suffer a crisis of legitimacy and this does not bode well for the nation.
OUTA trusts that the police and military forces will be better positioned to deal with any fallout that may ensue from the reincarceration of Zuma on the charges on which he was convicted.
Zuma can follow the appeals process. If his application for leave to appeal is granted, the appeal would be heard by the high court; if not, he would need to petition the Supreme Court of Appeal to hear his appeal. As it stands, the high court decision would be suspended if his appeal application is granted, unless one of the parties in the matter applied to the court for the decision to stand while the appeal is heard.
OUTA would like to see those involved in the illegitimate decision to place Zuma on medical parole held to account. This matter has disgraced the Department of Correctional Services and wasted taxpayers’ money on court processes to set aside bad decisions.