MEDIA STATEMENT

11 August 2023

DECISION OF THE NATIONAL COMMISSIONER, MR MAKGOTHI SAMUEL THOBAKGALE ON

THE INCARCERATION TERM FOR MR ZUMA


Having studied the Judgement of the Supreme Court of Appeal (SCA), submissions by
interested parties, legal advice(s) and also guided by the Correctional Services Act 111 of
1998, as the National Commissioner of the Department of Correctional Services, I have
exercised my discretion as per the SCA Judgement, in making a decision whether or not to
take into account the period served under Community Corrections by the former President,
Mr Jacob Zuma.

The Supreme Court of Appeal found that the National Commissioner’s decision to place Mr
Zuma on medical parole was unlawful and unconstitutional. This finding rendered everything
done in terms of the said decision null and void. The SCA further stated that once its order
in the appeal is handed down - Mr Zuma’s position as it was prior to his release on medical
parole will be reinstated. It further stated that, in law, Mr Zuma has not finished serving his
sentence, and that he must return to the Estcourt Correctional Centre to do so. The
Constitutional Court decided to leave the said decision intact.

Although the SCA and the High Court both consider the decision of the then National
Commissioner as unlawful, Mr Zuma was not discharged (released), but he was placed under
community corrections where he continued serving his sentence, under strict
conditions. Parole in South Africa is a form of punishment which is served by an inmate
within the system of community corrections in terms of Chapter VI of the Correctional
Services Act of 1998. When Mr Zuma left from a medical hospital upon placement on medical
parole, he was continuously under community corrections serving his sentence. He was
never a free man with effect from 8 July 2021.

In compliance with the SCA Judgement, Mr Zuma did report back at Estcourt Correctional
Centre. A consideration has been made as per legislation, including processes that were
already unfolding in the management of correctional services.

The administrative procedures have ensued and Mr Zuma has been processed accordingly.

I have therefore advised the Minister of Justice and Correctional Services of my decision.

ENDS
Singabakho Nxumalo: 079 523 5794 Logan Maistry: 083 644 4050
Singabakho.Nxumalo@dcs.gov.za Logan.Maistry1@dcs.gov.za
Call Centre: 0860 000 327 // enquiry.complaints@dcs.gov.za
Website: www.dcs.gov.za