High court hears pleas to return to Zuma to prison - Arthur Fraser had no discretionary power to grant Jacob Zuma’s release once the medical parole board found he did not suffer from a terminal condition, high court hears
without a recommendation from the parole board that his health demanded it, the Pretoria high court heard on Tuesday
Zuma’s case for release, therefore, failed at the outset, and there was nothing further for Fraser to consider. “The only negative factor, Mr Fraser says, is the negative recommendation by the medical board, but, unfortunately for him, justice, that negative recommendation is a positive jurisdictional requirement for medical parole to be given,” he said.
“Nobody with common sense would dispute that for a 79-year-old person to be locked up in prison is not a happy circumstance and not a desirable one but unfortunately for Mr Zuma the rule of law must trump his own personal interests in this case,” Jamie said. He stressed that Fraser lacked the power to make, or overrule, a decision that in terms of the law was reserved for the board, rendering the case straightforward.
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