Correctional Services

Department of Correctional Services national commissioner Makgothi Thobakgale says returning Jacob Zuma to prison would be 'cruel'.

The statement by the MPAB to the effect that Mr JG Zuma was stable and does not qualify for medical parole is misguided,” said Thobakgale. He further said the MPAB makes no mention that Zuma is “not terminally ill or that he is not physically incapacitated”. In their rulings, both the high court and the SCA ordered Zuma back to Estcourt Correctional Centre. “This amounts to double jeopardy and a complete travesty of justice. The medical diagnosis is done by the medical practitioner examining the offender and not the board,” said Thobakgale. [15-months’ imprisonment for contempt of court](https://www.dailymaverick.co.za/article/2021-06-29-lady-justice-thunders-at-zuma-as-former-head-of-state-sentenced-to-15-months-without-option-of-an-appeal/) for failing to appear before the Zondo Commission of Inquiry into State Capture. He further said that even if Fraser had made a mistake, returning Zuma to prison now would be “cruel” and amount to “double jeopardy”. Thobakgale’s affidavit appeared to be crafted to deliberately undermine the parole board’s authority. “While the recommendation of the board is important, it is not binding on the National Commissioner as the Act confers discretion on the National Commissioner in the consideration of the application for the placement of an offender on medical parole,” said Thobakgale. It only considers the reports of the medical experts submitted and makes a recommendation to the National Commissioner on whether the diagnosis made in the reports satisfy (sic) the requirements for [medical parole]. He said the MPAB had been “misguided” in its assessment of Zuma in reaching a conclusion that he did not qualify for medical parole. A key component of both the high court and the SCA rulings was that the Medical Parole Advisory Board (MPAB) empowered by the Correctional Services Act to assess whether an inmate qualifies for medical parole or not, had found that Zuma did not qualify.