Because of Arthur Fraser’s unlawful intervention, former president Jacob Zuma was “enjoying nearly three months of his sentence sitting at home in Nkandla [and] not serving his sentence in any meaningful sense,” the Pretoria high court said on Wednesday.
Matojane said Fraser had impermissibly usurped the role of the medical parole board. It was the board’s job, not Fraser’s, to determine whether an applicant for medical parole is “suffering from a terminal disease or condition” or is “rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or inmate self-care’.Matojane said Fraser had instead relied on other medical reports which had been given to the board.
To say this case was unprecedented negated “the constitutional right of all people to be treated equally before the law”, said Matojane. Nor was the threat of riots a ground for releasing an offender on medical parole, he said. He said sending Zuma back to prison and repeating the time spent on medical parole would not impact on him unfairly “as there is no suggestion he is an innocent party”.
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