Former president Jacob Zuma will not serve any prison time, even though Correctional Services Commissioner Makgothi Thobakgale decided that Zuma be returned to the Estcourt Correctional Facility.
Zuma reported to the Estcourt Correctional Facility on Friday morning, was “admitted” into the system, as according to Thobakgale’s decision. But, he was then released on remission of sentence granted by President Cyril Ramaphosa to low risk offenders.
Thobakgale said Zuma arrived at the facility at 6am on Friday morning and was admitted to the system, followed by the administrative processes of the remission of sentence.
A remission of sentence, this is where the President uses the powers vested on him by the constitution and the correctional services act to grant remissions which effectively means cutting the sentence short.
Justice Minister Ronald Lamola said the decision was taken to address overcrowding in prisons. He said that this remission process started in April.
“Upon admission into the system he was subjected to processes that qualify for the remission. He was then released,” Thobakgale said.
Zuma was sentenced to 15 months imprisonment in 2021 on a charge of contempt of court after he failed to appear before the Zondo Commission. His incarceration sparked widespread unrest in KwaZulu-Natal and parts of Gauteng with businesses looted and torched and over 350 people killed.
Two months following his incarceration, Zuma was released on medical parole by former national commissioner of DCS, Arthur Fraser.
In July, the Constitutional Court dismissed an application by the Department of Correctional Services for leave to appeal a ruling by the Supreme Court of Appeal on whether or not Zuma should go back to jail.
In the ruling, the court found that the appeal bore no reasonable prospect of success and dismissed the application with costs.
On August 4, 2023, the Department of Correctional Services confirmed that it had received representations from relevant parties regarding Zuma’s incarceration.
The next phase was for the national commissioner, Thobakgale, to consider every material received, the Judgment of the Supreme Court of Appeal and prescripts within the space of Corrections and to make his decision on or before August 10 that would be communicated publicly.
